The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-17
END OF THE TELEPHONE WAR
A Compromise Agreed Upon by the
Company and Patrons Committee,
The Company Will Continue to Charge the
Old Rates Until the State Supreme
Court Rules On the New Law.

Inc telephona war in Indianapolis is at an
eNo a conference was held yesterday morning
between the company and committee represent
ing the patrons, at which desire to at once end
the troubles by an amcable adjustment was ex-
pressed on both Sides The basis of compromise
proposed was substantially the same as the prop
osition upon which they were unable to
agree at their conference just prior to the last
public meeting of citizens. The committee ex-
pressed willingness to recommend to the
patrons a cessation of hostities if the company
would agree to allow the question involving the
validity of the new law to be settled by the de-
cision of the Supreme Court of Indiana. The
company had hitherto demanded that it should
have the right to continue business according to
it's own Interpretation of the law until the Su-
preme Court of the United States should rule on
the test case, but Superintendent Beach showed
a disposition to do what he could toward bring
ing about a compromise agreement, and at once
began getting the views of the different officers
of the company by telegraph. All agreed to the
withdrawal Of the stipulation in the contract
that the decision of the court of last resort
should be finally accepted, and agreed to the
proposition that they would abide by
the ruling Of the Supreme Court
of Indiana. When the Council committee
called on the officers of the company, yesterday
afternoon, to learn what were their intentions,
the information was given them that an adjust
ment of the differences would be made before
the end of the week. Upon this assurance the
committee withdrew. Last night the officers of
the company and the patrons committee held
another conference at the end Of which the fol-
lowing statement to the telephone patrons was
furnished the press for publication:
''To the Public and the Contestng Telephone Pa
irons:
''The Central Union Telephone Company and
the committee representing the conteSting pa
irons have reached a settlement of the pending
controversy. The result has been brought about
by mutual concessions, and the wish on the part
of each to abate the existing agitation and re-
store the status of both company and patrons
prior to July J..
"The new law takes effect in about one month.
The company desires to contest its constitution
atty, and obtain judicial Interpretation of it's
language 1t will cooperate with the committee
in the presentation of test case, involving the
several questions to the Supreme Court of this
State, and the view of that court will be secured
as promptly as possible. 1t is believed this will
| not require longer than Oct l, the end of the
present quarter.
1T is conceded by the committee that the
company has the right to take the view of the
court respecting the new law and to enable it to
do SO without too great disturbance of its rela
tons with its subscribers it is mutually agreed
that the old contracts (which are the same in
| matter of details as the new one recently issued,
excepting the rental app ortionment clause) shall
be issued to contesting subscribers, and that
there shall be Endorsed thereon the following
features (which are set out at length in the
agreement between us):
IL The companys rates are uniform in this
| city and regulated by distance and class of
| service
| 80 The charges are based on a separate
| rental for the telephone, service, etc.
''3 If the new law is held invalid the compa
ny is entitled to the rates named in the contract
| which are those prevailing heretofore If the
law is held valid, but to warrant the company 5
claim for SERVICE material, etc., the sum in ex-
cess of the statutory rate is to be deemed due to
| the company.
| "a. The company is to defer collections until
| the middle of the quarter and to forthwith re-
| fund all monies paid in excess of what may be
| judieially declared legally due by our Supreme
| Court.
"5. It is distinctly understood that the sub
| scriber does not by signing the contract, admit
| or acquiesce in the company's claim that the
| new statute permits charge for service mater
ial, etc., in addition to the statutory telephone
| rental, and that the above clause, numbered 2,
apportions the rental solely for the purpose of
enabling the company to present the legal ques-
| ton to the court. The old contract blanks. with
| the above additions Endorsed thereon, will be at
| once supplied to each of the contesting sub
scrbers for signature, and thereupon the tele-
| phones removed will be at once restored.
Payments heretofore made by withdraw
| ing subscribers on the current quarter will be
credited on the rental due Aug. Is. The com
pany WILL on request indorse the five stipulations
| above referred to on all the new contracts here
tofore issued and accepted by the non contestine
subscribers of this city and State, or will sub
stitute the old contracts with the above indorse
ments, and will voluntarily refund to all sub
| scribers the excess of charges when ad
! judged illegal. The above arrangement
practically restores the harmony existing prior
to the commencement of the present trouble
and removes the chiefly exciting cause. The
committee will prosecute the duty of properly
supporting the new statute in the courts ant
prepare for its presentation in the test case.
| CENTRAL UNION TELEPHONE COMPANY,
''By F. G. BEACH, General Superintendent
JOHN w. MURPHY,
| III. s. AYRES,
| ~ E. SULLIVAN,
''R. 0. HAWKINS,
JOHN A. HOLMAN,
| Managing committee
The only material difference between thi
agreement and the companys previous PROPOSE
ton is that the stipulation regarding the court
decision on the law is changed from court o
last resort" to the Supreme Court of Indiana,
and with this modification the contract will b.
the same that was in use. The agreement in
dorsed on the back of the contract gives tn
company the right to terminate it after tn
Supreme Court decision upon fifteen days notice
! Applicants for Divorce.
AS she states her grievances in the complain
for divorce filed yesterday, Elizabeth Loten wa
sent by her husband John to Indianapolis t.
visit relatives. Shortly after arriving here sh
zoco;,.na lettnr from him datna