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Show FRUITLESS WRANGLE REGARDING PHONES After Three Hours' Debate City Council Is Enlightened by Attorney P. J. Daly. CITY SOLONS HELPLESS Have No Authority to Insist Upon Certain Rates for Service Given. After wrangling and debating for more than three hours last night, the city council was informed by Assistant City Attornev p j i)0y n,ai it was practical-ly practical-ly helpless with reference to the local telephone situation Following the disposal dis-posal of considerable routine business, the council. In adjourned session, took up the c onsideration of ' the telephone question. Councilman J.-W. McKInncy moved that the resolution of the municipal munici-pal laws committee, providing lhal the Mountain States Telephone and Telegraph company have the use of the old Independent Inde-pendent company plant under the franchise fran-chise granted that company, until the unification of n-.e two systems has been completed, on condition thai . it would HOI raise thfi rates be adopted. This began the discussion; which lasted for several hours and which was participated partici-pated hi by practically every member .-.f the council present. Mr, McKInncy declared de-clared that this whs the only action to be taken Id protect the rights of the clti-y.en clti-y.en of the cOmlnunlty and also to protect pro-tect the city. Stand of the Company. On behalf of the telephone company, A. G. Mackenzie declared that if the independent plant, .vhieb was purchased by the Rocky Mountain Bell Telephone company; whl-h subsequently was ab sorbed by the Mountain Btates Telephone and Telegraph company, was out of busl-iies.- the company would be dollars ahead, lie maintained that the only use which the Independent company was is slmpl: to take car of those subscrlb-srs subscrlb-srs which the company could nol supplj with Heii telephones. To , consolidate the Bystema Mr. Msc-knr,i Msc-knr,i explained thai the company must put in a neiN system, wiiieii win supply all subscribers. At that lime me old Independent plant win he entirely done away with, sccording iei lr. Slackeuaie. Mr. Mackenzie declared that if the inde- fendeni plant was now pm out or !ujsi- n':.J the subscribers copld nol be up-pii-d with phones. Thlsi is the only effect ef-fect tsnlch it would have upon the com-pa com-pa r . he expls Ined. Other members of the couneii argued In favor of the proposition, and Mr M' -hi:ine'.- prot-stefi agaJnst W. C. Lyne voting on the question, because he is a stockholder in the company. The matter did not eome to a vote, however, f r r when the matter was In an uncertain Condition Mr. Dal askerl to he heard, declaring that he thought he could straighten matters out Explains Legal St.atun. Mr. Daly declared that under the old post road aci the company had a right to come into the city without acquiring b franchise, and therefore, it wa un- necessSry for the old Independent company com-pany to set a franchise before operating in this (Jlty. He declared that all thai the council could do would bo to designate desig-nate where the polCF. and Wires COUld be placid and the like. With reference to the proposed agreement nol to ttise r.ite.s. Mr T"rl. ile. larod that the council had been given no authority for such at-tion at-tion by the statutes and that such action, therefore, -.could he absolutely illecai. Mr Paly ejted numerous leal authorities for his . 'intention, and lie declared that In so far as the resolution was concerned the council whs absolutely powerless. The session was adjourned without any action helnp taken, and the matter will come up for consideration in some form again Monday nihi . |