The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-02-16
CITY SEEMS To
HAVE WHIP HAND
Having Consolidated With Amer
lean Telephone Co., Gould Prob
ably Use It's Conduits-City
Council May Make Reprisals
Against Telegraph Co.
ICHM OND. va. tspecial)-

RIG MOND, VA, Special
The proposed removal or the offices
and apparatus of the Western Union
, Telegraph Company from 1917 East
Main Street 10 the new skyscraper on
Main, between Eleventh and Twelfth
Streets. may have a very important
effect upon the long controversy be-
tween the city and the company over
the latter's refusal TO obey the city
ordinance requiring all wires to be
placed underground.
IL Will be remembered that when
the City Council passed the under
ground ordinance the Western Union
Company was the, only organization
that refused TO obey IL, and in 1904
appealed TO the United States Cir
. cult Court OF the Eastern District OF
Virginia for an injunction TO restrain
the city enforcing the ordinance
against it, That injunction was grant
ed; hearing upon il was interrupted,
junction made permanent. and the city
fighting to have IL dissolved.
In 1910 Judge Con. after a vigorous
fight by City Attorney Pollard, decided
in favor OF the city. The company
then went to the Supreme Court of
Appeals Of the United States and the
case is now upon the crowded docket
OF that court.
Several days ago City Attorney Pol
lard received a letter from the clerk
would probably be reached in about
a year.
In the meantime the company will
violate-as il has violated since 1904
tho city ordinance by using overhead
wires. acting under the temporary in
junction that has been operative for
seven years.
There is a sentiment existing TO the
effect that the city should use the ex-
listing conditions in the spirit OF re-
~ q -
| Western Union Company the right to
lay or install conduits that are neces-
STATED by the removal Of it's offices.
But IL is also said that the COM
pany win not ask for the privilege OF
doing either, instead, will use the con-
duits OF the Southern Bell Telephone
and Telegraph Company to make it's
connections.
The injunction granted by the Fed
eral court simply prohibited the city
interfering with poles and wires then
standing. 1t does not apply TO new
work. and that could be prohibited
without any violation OF the injunc-
ton.
1t should be said. however. that an
work done by the company since the
granting OF the injunction has been in
/ conformity with the city requirements
except when it has been granted ex-
emption.
Further. it should also be said that
the city has granted the company Ger
tain privileges while the legal battle
has been pending. such as permitting
IL 10 add TO its call-bell system for
summoning messengers.
The Western Union" said CITY Su-
perintendent OF Fire Alarm w. II.
Thompson this morning, should show
some appreciation of this magnaninn-
ity. The city was not compelIed 10
grant il these rights"
incidentally il may also be mention
cd that the removal OF the Western
Union offices will have some effect
upon the Chesapeake and Ohio Rail-
road, as the railway has wires upon
the telegraph cOmpany's poles
a recent agreement or coalition OF
the southern Bell Telephone and Tele-
graph Company and the Western
Union Telegraph Company may give
the latter the right TO use the con
Quits of the former, bat even that
may require sanction Of the CITY
council, and many disapprove of the
council giving its sanction TO a move
ment beneficial to the telegraph com
pany after the long fight and defiance
against the city laws and the city's
consequent expense.
1t Will be recalled that some sirni-
Iar night existed between the CITY and
the Bell Telephone Company several
years ago. and after bitter VrangIe
Tor certain franchise rights from the
city, the telephone company agreed
TO drop the litigation and nav All its
expenses. 10