City of Salem v. Home Telephone & Tel. Co.
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is an action by the City of Salem, against the Home Telephone and Telegraph Company of Portland, Oregon, a corporation, and the American Surety Company of New York, a corporation.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is an action by the City of Salem, against the Home Telephone and Telegraph Company of Portland, Oregon, a corporation, and the American Surety Company of New York, a corporation. The facts are as follows: On November 27, 1905, Ordinance No. 468 was passed by plaintiff, granting to charles E. Sumner, his successors and assigns, a franchise for the installing and operation of a telephone system in the city of Salem. Among other conditions it was provided that the grantee, Sumner, should, within 30 days from the…
1Opinion of the CourtJustice McBride
Ordinance No. 595 evidently contemplates that the proposed Salem Home Telephone & Telegraph Company should give the bond, and the ordinance could not, by its terms, become effective until such bond was filed. The filing of a bond by the Home Telephone & Telegraph Company could not render the ordinance effective, and the conditions remain the same as though it had never been passed.
The ruling of the circuit court was. correct, and the judgment is affirmed. Affirmed.
Mr. Justice Burnett took no part in this decision.
2Cited by1 opinion
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