The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-01-16
POLLARD READY FOR
WESTERN UNION SUIT
ty Attorn> y N TT III mat me ground Wire
Lltis attn y Ill be TaAen Up eth r in
February or nj arcn

ness of complainant In the otty O.
Richmond.
~ ne injunction asked for is denied.
the restraining order heretofore grant
Ell VIII DO dissolved and the bill viii
DO dismissed"
The company thercupon noted liz an.
peal 10 the court OF last resort
Cnsc ON Next Docket
Recently City Attorney Polla~o nm.
peen notihed by James IL. Mckinney
cterk OF the United States supreme
Cohrt, that tho case OF the Western
Union against the city OF Richmond,
no. 1875. october term. 1911. will prob
ably be reached for hearing tho latter
part OF February or tho carly part OF
March.
Judge a. L. Holiday. of this city.
ms represented the Western Union
throughout the litigation. with General
Attorney TaGgcrt OF New York CITY
Early last spring Judge Holiday
ADVISED the City Attorney that plans
were on foot for possible settlement
Out OF court, and Engineer Beck. OF
New York. In charge or constr uotIon
work for the company. came T. Rich
mond TO make estimates on the neccs-
sary changes In local lines TO Comply
with city ordinances. the company pro-
posing 10 follow the Scaboard Air Limo
tracks down Bacons Quarter Branch
ard so do away with the objectionable
pole line down Broad Street
conference was held between the
Visiting engineers and attorneys tina
CITY Attorney. City Engineer ard city
Electrician. and announcements ua.
made that satisfactory settlement
was In prospect, Mr.. Pollard asteeln1-
TO dismiss the pending suit ae soon az
the company should comply with CITY
ordinances. the company agreeing as q
condition precedent to any arnlcable
ARRANGEMENT hn
10 the United States Supreme Court DO
dismissed. The summer was allowed
to pass without definite action on the
purt OF the company. although while
the CITY Attorney was on vacation In
Roanoke. Superintendent Calvert, OF
this district. sent to Roanoke TO
assure him that the suit would be dis
missed on the meeting OF the Supreme
Court in October. The compau, has
tuken no such action. and thu City
Attorney Is now preparing TO press for
Anal decision. having every conf
dence that the Supreme Court VIII alb
solute!y uphold the position taken by
Judge Cot
In recent months further conferences
have been held. Mr. Fearons, general
counsel for tho company. came to Rich
mond last November with Other Of
iicials OF the company for a conference
with the Mayor. the City Attorney, the
Conditions which had before boon
rejected were then insisted upon.
Later temporary agreement was
reached to allow the company to con-
struct certain call bells. 1t being OK
pressiy agreed that they should be re-
moved at once In the event that tho
pending negotiations for settlement
fell through.
Mr.. POLAND finally became convinced.
after much correspondence and many
counter propositions. that the onlciaIs
OF the Western Union were merely
playing for time-merely trying to de-
lay the preparation OF his brief and
the postponement OF argument before
the Suprme Court In an evident ef-
fort to have the cage continued to
some later term OF the Supreme Court,
where II would probably be placed at
the foot OF the docket. thus allowing
the company practically unlimited con-
unuation o: Its use Of the streets OF
the city In defiance OF city ordinances,
and the maintenance of poles and wires
throughout the underground district
possibly for years. Notwithstanding
the fact that these lines have been
shown to be menace to llfo and
property. which in one Instance, of
which there is evidence in the record,
these overhead wires have actually re-
suited In the loss of the life OF ono
fireman of the city while In the dis
charge of his duties, and In which the
Western Union telegraph Company
reconizcd It's liability for the death OF
this fireman by paying over a settle
ment or compensation to his widow.
The temporary agreement to call
| bells has therefore been Withdrawn.
/ and the company so far as the city In
/ concerned. is an outlaw. and protected
only by the supersedeas order of the
/ supreme Court pending final settle
| ment of It's appeal.
,