Minutes 01/11/1921 - Laserfiche WebLink

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January ll, l~21 matio phone. Some one of the Kiwanians is reported to have asked, 'can't you put the dern thing in to-morrow?' And Nanager Bonney is said to have replied, 'I wish to goodness that I could. It would save uS all a lot of worry and trouble.' (Virginian-Pilotl J~uly 9th, 1919). It seems that Mr. Bonney's speech did not reach the ear of the Norfolk Co~n0~because t~ee months later, on October yth, 191~ it passed a resolution demanding an investigation of the telephon~ situation end an improved service. This demand was answered on October lSth, 1919, by the l~ter of Nr. ~. H. Buehler, Vice-President and Geneeal Manager of the Telephone Company, in which he stated that the 'placing into service of the new automatic equipment, together with these additions which we are making ~o our outside plant, will enable us ~Ot only to give satisfactory service in Norfolk, but also enable us ~o meet the demands for additional service due to the growth of ~our population.' This was the first official notice that Norfolk had of the automatic system. The next month, on November 2nd, the Virginian-Pilot published a long article by Thom. s~s ~' Maroney, in the nature of a humorous interview, explaining jus~ how the automatic woul~ work. N~. Earoney wrote, in part, ~s follows, 'the telephone people promise big things from the au~omophone. That's a brand-new word. They say it ~ill save time, temper, and tribulations. But that is as it may. A reporter is ~ skeptical individual and-while he may hale from ~ost everywhere he w~ars ~!issouri in his hat as a rule. ~ This was the sentiment of Norfolk at that time. The telephone representatives had boosted the automatic to the skies, had proclaimed it to be the most modern and efficient device k~own, but Norfolk was somewhat dubious and was waiting to be shown. On Saturday night of that week, at midnight, the auto= matic phone replaced the manual phone in Norfolk. N~s it an improvement? The Telephone Com- pany had claimed that it was. How did Norfolk find it? After a ~en months trial, we find in the Virginian-Pilot of August 12th, 1920, an editorial which reads, in part, ~s follows: 'It is acknowledged that Norfolk enjoys today the best telephone service in the State- a service, indeed, that is attracting the attention of the whole country, ~s is being shown by the arrival tomorrow of a delegation from the City of Cleveland ~o inspect the loc~l installation with the view of recommending a similar system for the Ohio metropolis.' This delegation referred to from Cleveland arrived in Norfolk on Aug~ast 13th~ 1920, and tn~ follow~n~ report of ~heir in- vestigation was given to the press. (~irginian-Pilot, ~August l~th, 1920~. 'The vimitors were met at the Washington bo~t yester~y morning by a reception committee and escorted to the Cham- ber of Commerce for breakfast. The rest of the morning was devoted to a practical testing out of the dial telephone system. Various members of the committee, picking out numbers from the directory at random~ ~i~led subscribers. The average length of time in getting ~ connection was 13 seconds. In every case where a subscriber was asked how he liked the system, the re- sponse was one of praise for the efficiency and ti~e saving Gu_alities_ of the automatic telephone. Numerous subscribers were called upon in person to tell what they thought of the new system and invariably a vivid contrast of the brain racking central ~ys~em with the automatic was d~awn. Mayor Roper characterized the dial telephone system as typify, in~ ~hat standard of oerfection that Norfolk, as one of ~he most ]0ro~ressive cities of the oountrv, demands. City Manager Ash- burner stated that h~s offic~ is a clearing house for complaints. 'In the old days',' he elated, 'my office was deluged with complaints of the telephone system, and I can conscientious- ly say that the only complaints we have had since this last system has been installed have been of the inability to get phones.' The elimination through the ~u~omatic system off..the personal factor Nr. Ashburner characterized as ~__F~_eat step in pro,Ness over the old ~sys~em. Mr. Jno. A. Lesner stated that if the present system had been in effect 20 years earlier he would look l0 years younger. Twenty more years of the system, he continued, and he would reo~in the l0 years lost over misconnections. Douglas Gordon, Editor of the Ledger-Dispatch, said that only one co~plaint had been received by his newspaper since the new system went into effect. The Virginimn-Pilo~, through its Editor, Louis Jarls, endorsed the ~utomatic telephone without reservations, even of article ten. g~'. Maurice Long declared that there was as much difference between the old system and the new as between c%~ed ham and smithfield ham, as between J. Pier- point ~forgan and Charles Ponzi. Barton }~yers remarked ~h~t the saving to his temper by the new system was worth the price. H. H. Rumble said, 'I think with my f~iend Lesner that since the inst~llation of the dial syssem the naturml sweetness of my temper is coming back.' T. Southgate impressed upon the visitors the advantage of a mechanical connection. Other speakers endorsing the dial system were Frank Ford, President of the R~ N. A,, Walter G. Bl~ck, Secre- tary of the R~ 5~. A., W. G. Swarth, Henry Bowden, Arthur G. King, N~ H. Sl~ck, and A. 1°. ~rioe.' I have quoted at some length these opinions because i feel theft the importance of the subject merits ~ full exposition,-~n~l because i feel that they settle beyond a doubt tn~ fact that the automatic telephone is m decided improvemen~ over the manu~l phone. No expert testimony is needed. The automatic phone has been tried out just across the river, and the unanimous opin- ion of the subscribers is the same as that expressed ~o me to-day by City Attorney Peatross~ 'I consider the automatic phone to be the greatest improvemen~ that ~ny public service cor- porat, ion has installed within my memory. ~ And Nr. Peatross pointed out that he was no5 compar- ing ~t with the service of 1916, 191Y, ~nd 1918, but that he was comparing it wi.th the manual service of the past 20 years. "So I conclude, as a&mitted by the Telephone Company in its official reporz, and by its engineer when appearing before the council co~mnittee, that the automat~ic phone is both an im- provement and a device. "2. CAN AN ACTION FOR SPECIFIC PERFORMANCE BE ~AINTAINED? "This entire question is covered in the opinion of our Supreme Court o~ ~ppea~s ~endered in the case of the Southern Ry. Co. v. Franklin a~d Pittsylvan~a R. R. Co. ~96Va. 693). The ~thern leased the?cad of the F. & P. for a period of 3~ years. After operating ~or l~ y~rs ~ Southern proceeded to abandon the line as it was a losing proposition. This su~t w~s brought to compel it to continue to bperame for the full 34 yes.rs no matter wh~t the loss might .be. The court said, in part, 'It was earnestly contended by counsel for the appellant that conceding such obligation to exist, the remedy of the appellee ~as a suit ~t law for damages for the · breach thereof, ~nd zhat equity was without jurisdiction in the case. As ~ general rule, the .remedy fo~ the breach of a contract, especially where it does not relate to rs~l estate, is ~ suit at law for compensation in damages, but if the remedy be no~ adequate, full, and complete, equity will interpose and compel the specific performance of the contract. The rule is thus lai~ down in S~ory's E~uity, sec. 33: ~The remedy must be plain; for if it be doubtful and obscure at law, equity will asser~ a jurisdiction. It must be ~d~quat~; for if a~ law it fall