The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-11
FRU|TLESS WRANCLE
REGARDING PHONES
After Three Hours Debate
City Council Is Enlightened
by Attorney p. j. DAILY.
CITY SOLONS HELPLESS
Have No Authority to Insist
Upon Certain Rates tor
Service Given.
CITY SOLONS HELPLESS

After wranglins and deba ting for more
than three hours last night the city
council was informed by Assistant CITY
Attorney r. J. DAILY that it Was practical :
IL helpless with reference 10 the local
telephone situs ton, Following the u's-
posal of considerable routine business
the council In adjourned session. TOOK
up the consideration of the telephone
question. Councilman j. w MchihhcE
moved that the resolution of the Inunic,-
pal laws committee. providing tha' inc
Mountain States Telephone ana Ic'eGrdph
company have the use OF the old lndc-
pendent company plant under the IRAN
chise granted that company, unul INC
ynifiratou Of the two systems has oeen
completed on condition that IL would
not raise the rates, be adopted
This began the discussion. which lasted
for several hours and which WAS parlcl
palcd in by pra actIcally every member OF
the council present. Mr.. Mckinney dc
claYed that this was the only acuon TO
he talk en- 10 protect the rights of the clu-
tcct the city.
Stand of the Company.
ON behalf of the telephone company,
a. C. Mackenzie declared that II the
independent plant. which Was purcha sed
by the Rocky Mountain Bell Telephone
company. which subsequently, waa alb
sorbed by the Mountain States Telephone
and Telegraph company, was out of bust
ness. the company would be dollars
ahead. He maintained that the only use
which the Independent company was is
simply to take care OF those snbscriP-
ers which the company could not supply
with Bell telephones.
To consolidate the systems Mr.. Mac
kense explained that the company must
put In new system. which VIII supply
1n .rt1S lxas In old
Independent plant will be entirely done
away with, according TO Mr.. Mackenzie.
Mr.. Mackenzie declared that " the Inde-
pendent plant was now put out OF bust
ness the subscribers could not he sup
piled with phones. This, is the only ef
fect which il would have upon the com
p51y he explained.
Other members of the council argued
Kinney protested against w. c. Lyme
voting on tho question. because he Is
slockholder In the company The matter
did not come 20 a vote. however, for
when the matter was In an uncertain
condition Mr.. DAILY asked TO he heard
declaring that he thought he could
straighten matters out,
Explains Legal Status.
Mr. ualy declared that under the old
post road act the company had A right
To come into the city without acquiring
a franchise. and therefore. IT. was un-
necessary for the old independent COM
pany to get franchise before operating
in this city. He declared that all that
the council could do would he to desis-
nate where the poles and wires could be
placed and the like. With reference To
the proposed agreement not to ,a,se
rates. Mr., DAILY declared that the council
mad been given no authority for such ac-
tlon by the statutes and that such action,
therefore, would be absolutely Illegal, Mr.
DAILY cited numerous legal authorities for
his contention and he declared that In so
far as the resolution was concerned the
council was absolutely powerless. The
session was adjourned without any action
being taken, and the matter will come
up for consideration In some form again
Monday night.