New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-03
TELEPHONE co. ENJOINED.
SIMON sTERNE BEGINS A FIGHT AGAINST
HIGHER TELEPHONE RATES.
HB REFUSED TO PAY THE INCREASED AMOUNT
AND GOT AN INJUNCTION RESTRAINING
TIE MONOPOLY FROM TAKING THE RE-
CEIvER OFT OF HIS OFFICE OR
INTERFERING WITH HIS

Use OF THE WIRES.
Simon Sterne. tho lawyer. OF No. IS Beaver-st,
intends to make strenuous objection to the Metro
politan Telephone and Telegraph Company increas-
ing iis for the OF the telephone. and for
that purpose he has brought an action IN the SUI
preme Court. and has obtained from Judge OBricn
temporary injunction restraining the company
from removing the instrument which he has In his
Office. from interfering with his use OF IT, from dis
connecting the wire With others. and from in any
way interfering with his use Of the telephone which
he has In his Office. with the general telephone
service The Injunction is accompanied with an or
der to show cause. which is rcturnsble on Wednes-
day. why the injunction should not be continued
during the pendcncy OF the action
This proceeding IL one which Is OF interest TO all
members OF the legal profession and. In fact. all
Others who have telephones or use them. as II Is In
tended a n TO have the Court pass on the
right OF the Telephone Company TO Increase the
rates FOR the OF telephones arbitrarily and with
oui consultation with the subscribers. The njunc-
ton Was obtained by John A. Heal. the lawyer
who represents Mr.. Sterne
Mr. st-rne makes AFFIDAVIT in which he says
that he has made special study OF telephone
charges in the various cities 81 the United states
and Europe His professional practice takes him
during the course OF the year into many OF the
leading cities OF the United States. and he says he
has made y careful inquiry into telephone
each year In Europe and has taken pains to in
qur- into the character OF the service and charges
OF the telephone service I'm the various cities In
Europe particularly I'm London and Berlin. where
tho telephone charges are below SlI5 a year. ana
the service Is superior 10 that OF this city. In
many other cities OF Europe he says. the charges
are considerably less than SIS year. and the ser
vice l. at least equal TO that given by the Met
ropolitan Company. In most OF the European
cities the telephone wires are underground, and
conducted IN subways and many OF the sub
scrbers have single service wires from a switch
board station In Vienna Austria, ne says. the
service IL given at considerably less than 500 a
year
Mr. sterne refers TO the fact that the same
patents relate to this country and Europe. and
the circumstances are similar. with possibly tho
exception OF labor which IL from 20 10 30 per cent
cheaper I'm Europe than It IL In the United states.
Every other element OF the cost o. service IS al
most identical with that In this country. me
METROPOLITAN COMPANY Informed Mr. Sterne OF Its
intention 10 OF the telephone service from his
Office February /. ana 10 remove the instrument
which was placed there. evidently because OF his
refusal TO enter into "A new contract. by which
the rates would be Increased. such action on tne
part Of the company, hc says. would cause rrcp-
arabic injury to his business. The only alterna-
tive he had was 10 acquiescc In he change pro,
excessive or to apply TO the Court Tor an ihJunc-
ton He says hc has no recollection or having
tract was made containing provisions which author
ize the company TO Increase its charges without
his consent such provisions are contrary 10 law
and public policy and totally void He Is Wiling
offer the company three months payment IN
advance for the OF the telephone which ne mas
In his Office at the rate ne has been paying, or
Will furnish bond 10 protect the company during
the tendency OF this action.
Most OF the contracts for the use OF the teie-
phones expire about this time OF the year Inc
contracts Tor the ordinary telephones. which were
In before the wires we're placed undergrouhd
was sl2j year. but since the wires were plaeea
underground the company has been put 10 great
expense. and II nov demands OF its suoscrioerS
$40 a year for the improved telephone instrument.