Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-10-02
Will USE INITIATIVE
TO CIRCULATE PETITION CALI
ING FOR 4 SPECIAL
ELECTION.
CITY ATTORNEY DISAPPROVES
Ramscy's Report Objccting to tho
Franchise Was Upheld by die
Board of Commissioners.

That the action of the city commits,
sioners yesterday In accepting the re-
port Of the city attorney which wa.
dcrogatory to the application recently
made boy the Sand Springs Light, lioal
ana Power company for a franchise
in Tulsa, viii precpltate one Of the
most exciting and interesting francn-
isc fights Witnessed here I'm som,
time, Is the belief of both sides of
tho fence"
The application for franchise has
been In the hands of the city officials
for some time, but city attorney RAM
sey completed his report on the prop
osilion only this week. In this reporl
he gives number Of legal reason,
why, in his opinion, the franchise
should not be granted.
The Sand Springs people We're al
lowed the privilege of having one pr
their attorneys, Ben Rice, submit q
report on the matter to the commits
sion, and this will be done today or
tomorrow. In case the officials take
adverse action on the report the Sand
Springs company, according to an am
noun"ement made by one Of its rep
resentativcs last night, win at once
initiate petitions to secure popu
election on the proposition
Attorney Ben Rice for the Sand
Springs company last night issued The
following statement relative TO the
franchise situation:
In considering the objections of
the city attorney to the PROPOSED
Sand Springs franchise I am struck by
his total failure to grasp the ultimate
purpose and prime consideration,
namely, that the proceeds are to be
given to support the orphan children
at Sand Springs and the immediate
benefit to all citizens Of Tulsa by tho
reduction Of rates for electricity IN
Tulsa and vicinity
"Practically all Of the objections OF
the city attorney which relate TO the
franchise proper are necessarily en-
bodied in the franchise by law and
we have no objections to specifying
them in the franchise. There are cor
tain policies attempted by the city at-
torney which if ADVANCED in good
faith, would render the franchise
ala ,.I. nj,
the right to anull the franchise, with
out consideration, in eight years. The
constitution of the state contemplates
twenty-five year franchise; also his
attempt to compel us to occupy the
whole city would render the franchise
valueless The Tulsa Corporation
will meet the competition either
willingly or by the order Of the Cor
poration Commission"
one Of the objections the city at
torney offered to the franchise was
the fact that it asks for permission
to construct It's lines, below and
above the ground, in all parts of tho
city. and does not exclude the parks.
He believed the city should have the
right to determine the routing Of the
overhead or underground lines as well
as to order the removal Of any over,
head wiring at any time.
lie believed that the franchise
should compel the Sand Springs com
pany to give equal service to all parts
of the city. and not confine its oper.
ations to the business and manufac-
turing districts.
lie objected to a clause, demand.
ing" the city to pass what ever police
ordinances might be required for the
protection Of the companies rights
and interests.
lie objects to the fact that no liml-
tation is given of the time in which
construction work on the cOmpany's
system shall be completed,
He objects to the granting OF q
franchise for an inter-urban street
railway. unless the time limit therein
specified shall be used in which Il
lay tracks, trolley poles and wires and
that the street franchise shall be vol,
after the expiration Of the time limit
If ali these improvements are nol
made.
The franchise, as proposed. gives
the company the same rights as en-.
joyed by other companies having a
similar franchise In the city. The
city attorney objects to this, on the
grounds that It is indefinite.
He believes the franchise should ter
inmate at the same time as that of
the Tulsa Corporation, namely. m
1885, at which time the city may have