The record-union., 1896-07-19
WRIT OF MANDATE ASKED.
Complaint Of the Capital Telephone
Company.
It Wants the Sunset Compelled to
Take Its Mesa ges for Out
side Towns.

The Capital Telephone and Telegraph
Company has filed in the Superior Court
| a petition for writ of mandate against
the Sunset Telephone and Telegraph
Company.
The complaint states that the plaintiff
is corporation organized under the ex-
listing laws of California, and that at all
| times mentioned it has been the owner
of a system of telephones operated in
| the counties Of Sacramento, Amador and
Ell Dorado, with connections in other
| counties in the State; that it has sys-
| tenn of wires and poles and a principal
telephone exchange in Sacramento, en-
| bracing the wires, poles, telephone in
struments and switch boards and all
other appliances necessary to enable all
persons desiring to use telephones to
send and receive messages from others.
/ 1t further AYERS that it has a line of
poles and wires extending through Fol-
som, Clarksville, Big Canyon, Shingle
| Springs, Diamond Springs Ell Dorado
and Placerville in Ell Dorado County;
Drytown, Nashville, Plymouth, Amador
| City, Sutter Creek, Jackson and lone in
Amador County, and in each of the
| toWl IDS tSlCpIlOuIC liSll VII
Meeting with it's telephone exchange in
this city.
Also, that it is the carrier of messages
subject to all the rules and regulations
governing those engaged in such busi-
ness, and is at all times willing to ex-
change messages with other firms, cor
| porations or persons engaged in the tele-
phone business at points where connec-
| ~ y 10 1,o- of
times ready to pay respondent and
others engaged in the business reason
able compensation for transmitting mes
| SageS of its own or received by 1t FOR
transmission that it has on the lines
enumerated several hundred subscribers
and affords accommodation to many
| thousands of persons in that territory
for the transaction of telephone busi-
ness who have no other means of tele-
phone connection.
| 1t goes on to aver that the defendant
has a telephone exchange in this city,
with lines to the various cities of the
State and occupies and uses portions of
| the public streets and highways of the
counties, cities and towns through
which its lines run, and is under obliga-
tions to furnish all persons within rea
| StudDle QlSldICc lIOlll tIly VI It's ca
changes necessary telephone communi-
| ca ation and transmission of messages
| over it's lines.
| Further, that under the rules and reg
ulations governing the telephone busi
ness of respondent, and of petitioner, it
| is customary and part of their duty to
connect subscribers for telephone instru-
ments in their respective exchanges
| &l,1 ,In< "a
| they may connect with others in other
| towns, which business is denominated
Territorial Business and is of the ut
most Importance to those wishing 10
transact business, and the means for
| which have always been accorded by
plaintiff for a reasonable compensation.
The complaint further AYERS that on
February ), 1896, petitioner applied to
plaintiff for an instrument with all usual
connections by which it might become
a subscriber for such instruments and
have connection with respondents tele
| phone system for telephone business
purposes and was furnished by respon
dent with a long distance telephone;
that respondent at all times has received
| messages from petitioner for communi-
cation to its patrons in Sacramento, but
to receive through it's telephone instru
! ments any messages for transmission
constituting territorial business.
| BY reason of such refusal, the COM
plant alleges, respondent has discrimi
mated against the petitioner and caused
it great expense and loss and has been
deprived of it's right to transmit mes
sages instituting territorial business for
"a all times Offered
to pay all charges for such service, but
respondent has refused to receive or
carry such messages under any circum-
stances.
The complaint AYERS that by this ac-
ton it has been damaged 5000, and will
continue to be damaged so long as re-
spondent continues it's action, and it
asks for peremptory writ Of mandate
commanding respondent to cease from
discriminating against petitioner and to
afford it the same facilities for trans
mtting messages that its other patrons
| have, and upon the same terms and con-
| ditions
The manager of the Sunset Company
states that under the terms of their con-
tract with the Capital Telephone Com
pany they decline to take the business
| of which complaint is made, because
| they have offices of their own.
| They make special rates to subscrib
ers, and under their contract with sub
| scribers they cannot enter into public
/! business at special rates. They have
| never, however, refused to send or re-
! ceive messages for the Capital Tele-
| phone Company at regular rates and
| simply decline to act in violation of
| their contract with it.