The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-08

was hanueu TO US by the counsel for the com
pany:
John w. Murphy. J. A. Holman H. s. Ayers ! r
| oulhFan, and *. .. Hawkins:
| Gentiemen-The Central Union Telephone COMPANY
regrets exceedingly that some plan of adjustment be-
| tween the gentlemen represented by your COMMITTEES
and 1t has not been agreed upon
IL desires to advise you. and through you the meet
ing You represent that it is its purpose notwithstand
ing this inability to agree not to take out anv ele
phones until has had opportunity to present to
its subscribers Individually proposition which is in
It's judgment so fair and reasonable that it will meet
| their approval Very respectfully
d. II. LoUDERBACK, Vice-president.
| . upon reading this letter we asked an explana-
ton thereof, but were not favored Herewith
| VIOLATING THE TRUCE
Being satisfied that further efforts in the
direction of an amicable adjustment would be
tutlle your committee took prompt steps to
secure meeting of the subscribers, and issued
the call for this meeting. accordingly
! Ihey were led to take prompt action, and were
influenced in this conclusion, by the discovery
made during the morning of yesterday that the
| truce declared between the company and the
subscribers, providing for the maintenance of
| the status quo during the tendency of negotia-
| lions, had been violated by the company and
| apparently without any shadow of excuse in
| thls: hat as early on Saturday, the 4th. they
We're engaged, though their canvassers through
| out the city, In pressing the contracts for
| signatures, and urging subscribers to sign the
| Same AS an lnducement to subscribers, and to
make their work more easy of accomplishment
| we found they had stamped on the pink con-
| tracts" two of the stipulatOns heretofore re-
| ferred to, and which still the subject of
| discussion, and had not been mutually agreed
| upon.
| We were also much influenced to terminate
| negotiations by the announcement, coming from
the telephone people toward the close of our last
conference that they did not expect to relinquish
any advantage they might hold, be
| able TO secure, that would strengthen
| them In their effort to overthrow the law. In
| other words, we discovered at the closeEof our
conference with them that while we were max
| ing very substantial concessions we were unable
to secure single one of like character from the
| company.
| This, in brief is history of the action of your
committee We have been constantly employed
with the subject since the I'd inst, and have
earnestly sought to bring about fair and hon
orable djustment of the differences between
the company and its patrons. In this have
been actuated throughout by conservative bust
ness principles. We have recognized the situa-
ton as it is, and have not been unduly infiu-
enced by strictly legal considerations We have
hoped for, and sought to obtain, settlement
that would maintain, practically, the condition
OF things existing previous to July /, when the
old contracts We're terminated by the company,
until such time the Supreme Court of Indiana
could give an expression upon the validity of the
law
To bring about this result we conceded very
much, and were prepared to recommend for
your concurrence extremely liberal concessions.
Our efforts have been rendered futile by what
we have discovered to be deep,rooted purpose
On the part Of the company to exact everything
ana cOncede nothing.
THE EFFORTS TO EvADE THE LAW.
The new telephone statute will soon be the law
of Indiana 1t was regularly enacted, and is
presumed to have been carefully considered, not
only by the Senate and House of Representa-
tives Tin which bodies there were an unusual
number of able lawyers), but by the
chief executive Of the State. 1t
is strongly presumed to be a constitutional
valid, reasonable and fair law This presump-
ton not only the public opinion INDUCES but the
courts everywhere act on. A judicial determine
ton of the unconstitutionality of statute is
of the courts, and in case clearly and impera-
lively requiring such result With this pre-
sumption in favor of the law, the telephone. pat
rons, as well as the general public are con-
fronted by this corporation and its demands. It's
attitude that of defiance, and its purpose that
of evasion by hook or by crook. 1t assumes
that the law is invalid. That is its right; and it
is its right to have that question determined by
a suitable court. It's efforts to evade the law,
however, in the event it shall be sustained as a
law, are puere. To say that the Legislature
the box on the wall, and intended to permit tele
phone companies to charge for that which makes
the instrument useful and effective, is to assert
a proposition offensive to the most common intel
ligence.
We can only think that the companys position
that the law will bear this Interpretation results
from the consciousness on It's part that IL Will
be upheld as constitutional enactment which
they will be required to face, and therefore
must provide some means of evading its pro-
visions
The present situation may be stated thus The
company may exact such contracts as 1t may
frame for the period preceding the taking effect
of the new law, which we assume will be about
August 10 Patrons can only get telephone
service during that period by complying with
the terms which the company may
arbitrarily make The company is is
period following the taking effect of the law, but
can receive no more than So per month for
telephone service, which means not only the
| instrument on the wall but all accessories neces-
| sary to its efficient use. Recognizing the right
of the company to have judicial decision touch
| ing the law, and that some little time would be
necessary TO secure the same, We were willing to
recommend the continuation OF the old rates
until our Supreme Court could be heard from.
| If test case prepared and promptly
| followed up a hearing from that court might be
| expected about Nov. l. Telephone subscribers
| would be paying an excessive rate during the
interval between that period and the time OF the
| taking effect of the law, but assume that
| they would be willing to do this as reasonable
! compromise concession, although entitled TO
insist strictly upon the rate fixed by the statute.
| This concession was not enough in the view of
| the company, but they exacted that we should
! go on paying this excessive rate through such
| further period as would be necessary to enable
| it to carry the question involved to the Supreme
! Court of the United States-a period of about
| three years. The excess of charges they would
! thus be receiving would be about $75, 600 from
the city of Indianapolis alone, and much more
from the State of Indiana outside of the city of
Indianapolis, making total of about $3.50, 600.
This vast sum of money your committee were
| asked to consent should be paid over to the com
pany during a period employed by it in it's
| assault upon the law and the rights of it's
customers Hereunder. In other words, we were
to supply the sinews of war and receive nothing
| whatever of substantial value in return save the
| e. oF