The Denison review. [volume] (Denison, Iowa) 1867-current, 1914-05-20
TELEPHONE Case
NOW SETTLED
Supreme Court Agais Renders Decis
ion in Celebrated East Boyer
Telephone Case VS. Vail.
THE CASE BEGAN YEARS AGO
Third Time Case Has Been Before
Supreme Court-Judge Church
Rendered First Decision.

The celebrated case OF East Boyer
Telephone company against the town
of Vail claimed the attention of the
supreme court on Saturday last and II
loks very much as if the decision rend
cred is body blow against the East
Boyer Telephone company, and that
it will now be compelled to submit t.
the, inevitable. This case was insti
tuted several years ago to enjoin the
authorities OF the town OF Vail from
prohibiting the East Boyer Telephone
company from locating its poles and
stringing its wires through the town
of Vail without first having a fran
.chise to do so.
Judge Church, who rendered the
first decision in the case, held in favI
or of the town of Vail, but Judge Pow,
ers later overruled him and decided
in favor OF the telephone company,
The case was taken to the supreme
court and the decision Of Judge Pow
ers was affirmed. but on rehearing II
was set aside and decision was
rendered by that court in favor OF the
town OF Vail. The case came back to
the district court of this county and
the telephone company amended it,
petition and sought upon new grounds
to sustain itself, but Judge Hutchi
son, who was then upon the district
bench, having succeeded Judge Church
held against the telephone company
and the supreme court In this late de-
cision sustained him. The point in
yolved in the case was the right of the
telephone company, without first hav-
ing procured a franchise, TO invade
the strets o fthe town of Vail for the
purpose of locating its poles. stringing
its wires and establishing an ex-
change, and the court has now finally
held that it had no right to do so.
We quote from the Des Moines
Register and Leader Of Sunday what
that paper has to say about the de.
cision. as follows:
Telephone interests yesterday were
defeated in their third attempt to
establish the right in Iowa to erect
telephone lines through towns and
villages without obtaining franchises,
when the supreme court handed down
an opinion in the case CT the East
bOySl lClCphoAS SohhPsshS "c~>o S~
incorporated town of Vail.
This was the third time the case
had been before the supreme court.
1t grew out of the refusal of the peo-
ple of Vail to vote franchise to the
telephone company in January. 1910.
The company proceeded to begin the
construction of telephone line
through the town, without permission.
The city took active steps to prevent
poles from being erected. The COM
pany then appealed to the courts to
enioin the town of Vail from inter-
fering with its operations on the
ground that the state has granted to
telephone companies the perpetual
use of the public highways OF the
state.
The supreme court in the opinion
Yesterday called attention to the fact
that it has twice ruled upon this mat
ter on a previous hearing.
Referring o it's former opinion the
court said: at was stated that the
question presented was whether a
telephone company has right. under
the law of the state to construct ana
operate it's lines in and through the
streets of city or town, and main
tain a local system for the transaction
of general telephone business In such
city or town, without procuring from
the municipal corporation, a license
for the use of the streets. 1t was held
that the telephone company has no
such right"
The court states that the matter
presented at the third appeal was
substantially the same as the Prev
Gus hearing.