The Birmingham age-herald., 1911-10-31


 for he believes that he has served his | second term. However, I believe that any republican with modern ideas can win, although I admit that my fellow townsman Judson Harmon, would make
 
 mingham, all poles, insulators, wires. ] cables, equipments and appliances, and other Instructions which it may have wrongfully placed or which it may wrongfully maintain thereon.
 EMMETT oNEAL, Governor" In w. L. Delheim's Name
 In the petition w. l.. Delheim, well known citizen, is named as having been refused further service by the Bell company at the rates now enjoyed. The petition recites that unknown and ir- reparable injury would result if the rates were increasee as MT. Delheim was informed they would be increased. The petition was signed by Campbell & Johnston, D. H. Dryer and A. Leo l Oberdorfer, as attorneys but Capt. Pc- maine Boyd, city attorney, was not | about the matter The commissioners refrained yesterday from discussing the bill nor would they answer the ques- l ton whether further steps would be 1 taken against the company. The bill | filed yesterday as it is in the name of the state does not require any bond.
 The commissioners yesterday met at l 11:30 o'clock, as scheduled. to talk about the Bell case, but after remain | ing in session until 12:30 o'clock they adjourned. No statement was made by any of the members although pressed to say whether the city would assist in the case.
 l J. M. B. Hoxey Colonel Palmer, Hugh Stokely and D. F. Turnbull, vice president, general counsel, local coun- se1 and manager respectively for the | Bell company were in conference yes terday. They declined to comment upon the situation, all of them agreeing that to say anything now might tend To reflect upon the court having the adjudication of the case in hand.
 The petition and prayer are here l given:
 Petition for Injunction
 | ITO the Honorable Judges of the Circuit l. Court of Jefferson County, Alabama, sit
 ting in equity therein:
 "rhe state of Alabama, by the relation of Robert c. Brckell as attorney general 1 of said state, who appears for and in the name of said state of Alabama and in it's behalf. acting under written instructions from Hon Emmet O'Neal, governor of the state of Alabama, a copy of which instructions are hereto attached, marked l Exhibit D. and prayed to be taken as a part thereof exhibits this, it's bill of com plaint, in this court against the Southern Bell Telephone and Telegraph company, | as respondent and thereupon showeth:
 That the said respondent, the Southern | Bell Telephone and Telegraph company is a corporation organized under the laws | of the state of Virginia, or of some other state of the United States, and not under the laws of the state of Alabama, and Is, therefore, a foreign and nonresident cor poration.
 That the principal object, purpose and business of the said respondent is to erect. maintain and operate telephone exchanges | and telephone lines, as public service | corporation, for hire, and that in the transaction of such business it has in op- era ton telephone exchanges and lines i'll | many, if not all, of the cities and towns l of the state of Alabama, most or all of | which are connected with each other by | duct of it's said business, it has and is | operating a large central telephone ex- l change in the city of Birmingham, Ala, 1 with, to wit: Six thousand lines emanat- 1 ing therefrom and connecting with, to- | wit. six thousand private telephone sta l tions, of subscribers thereto within the | city of Birmingham, in Jefferson county, l Ala bama; and, in the construction. main- l tenance and operation of the said lines in | tine said city of Birmingham, 1t has con- | strlcted and is operating in and along 1 nearly all of the streets. alleys and ave- | nue of the said city, telephone poles, in | sula tors, cables and wires, without hay 1 ing obtained the consent of the proper au- thorities of the said city of Birmingham. . Has Never Given Consent
 'The said city of Birmingham never I has given consent that the respondent l use the streets, avenues or alleys of said | cit,. for the construction or operation of l its said telephone poles lines and system within the city of Birmingham, nor has the said city of Birmingham, nor its l proper authorities acting for it in the l premises. ever granted to the said re- | spondent any franchise to establish and 1 ope rate system of telephones within tho said city of Birmingham, or to use the streets, avenues or alleys of the said city. ''The principal object and business and charter powers of the said, the South ern Bell Telephone and Telegraph com 1 pany is, as aforesaid, to construct and | operate. as a public utility. telephone | system or systems for use by the public l for hire. and such object and business l constitutes it's sole or principal business within the said city of Birmingham: and | in the transaction of the said business it 1 is transcending it's corporate and charter powers and abusing the privilege accord l cd to it by complainant to operate within its territory as such public service cor | poratio by exercising such franchise within the said city of Birmingham with ] out first having obtained the consent of | the proper authorities of said city, as | e, J. ic ale h,,c irev n1 ttaf,