The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-07
EXCEPTS AT NEW RATE
SAYS COMMISSION HAD NO
RIGHT TO MAKE 1T.
VIOLATION OF THE CONSTITUTION
Asks That the Hearing Of the Question be
Removed to the United States Circuit
Court and Gives Bond to
Cover Costs.

Federal courts daily grow more in ia
vor with poverty-stricken ana GOWN
trodden corporations, like the Southern
Railway and Western Union Telegraph
Company, in their struggles for protec-
ton from the people. The Southern had
had it's turn and now the western
Union wants its.
On July 3, the North Carolina Rail
road Commission issued the following or
.ders governing telegraph rates IN the
State, effective September i:
From and after the first day of Sep
TENDER. 1897, the Western Union
Telegraph Company shall not charge
or collect more than fifteen cents for
transmitting any message Of ten body
words or under. exclusive of date,
address and signature, between any
two points within the limits of this
State on it's lines, nor more than one
cent for each additional word.
Telegraph companies other than the
Western Union Telegraph Company
shall be allowed to charge and collect
twenty cents for a message of ten
body words, exclusive of date, ad-
dress and signature, between any two
points within the limits of this State,
on their respective lines, and not
more than ~ cents for each addition
al word.
Whenever message is sent over
two or more telegraph lines owned,
controlled. and operated by separate
and distinct corporations or lndlvldu-
ais. the Joint rate shall not exceed
thirty cents for such message OF ten
body words or less, exclusive Of date,
address and signature, between any
two points within the limits OF TINS
State. nor more than ~ cents for
each additional word
The Western Union Telegraph Com
pany has excepted to these rates, fixed by
the Commission In making this excep-
ton the company gives bond, with Chas
II. Belvin as surety, in the sum of 5000
and states that its purpose in so doing is
to ask the removal of the case to the Cir
cult court of the United States for the
Eastern district of .>orth Carolina, on
the first day of the next session. The
bond is to pay all costs awarded by the
court should it be decided that the suit
was improperly removed.
The following reasons are assigned fol
excepting to the new rates:
/. That they are not just and reason
able.
2 That the transmission of messages
at these rates will entail loss upon the
company.
3. That even at the 25-cent rate the
company was operating it's lines within
the State at an annual loss.
4. That if similar reduction (4O pei
cent? were made in other States the com
pany would not be able to maintain its
lines and defray operating expenses.
5. That to enforce the new rates
would be an unlawful appropriation o.
its property without just compensation.
6. That the Commission has un
lawfully and unjustly Disseminated
against the Western Union by prescrib
ing lower rate for it than for other tel
-egraph lines in the State.
z. That the Commission has not tn,
power and jurisdi ction to prescribe rate'
for the transmission of messages be
tween points within the State of Nortl
Carolina, and that the effort to do so i,
without authority Of law.
s. That the order prescribing rates il
in violation of the Fifth amendment tt
the Constitution of the united States, ir
that the enforcement Of the rate would
be taking of the property of the com
pany for public use without just com
pensation.
8. That the order is also in violation
of section 1 of the Fourteenth amend
ment to the Constitution in that its en-
forcement would deprive the company OF
it's property without due process of law
and would deny to it the equal protection
Of the laws.
10. That the order is in violation OF
section s, Article /, of the Constitution OF
the United States.
II. That the order is in violation OF
the provisions of the act of Congress Of
the United States, passed July %, 1866
entitled can Act to aid in the con
struction Of telegraph lines and to Sc
cure to the government the use of the
same for postal, military and other pur
poses," being sections 5,263 and 5,26S, in
elusive, of the Revised Statutes of the
United States.
THE ELECTION NEXT TUESDAY