The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-17
AND STILL THE COME.
CONTINUED from First Page)

against the Western Union by prescrib-
ing II lower rate for it than for other
telegraph lines in the State.
(. That the Commission has not the
power and jurisdiction to prescribe rates
for the transmission of messages be-
tween points within the State of North
Carolina, and that the effort to do so is
without authority of law.
g. That the order prescribing rates is
in violation of the Fifth amendment to
the Constitution of the United States, In
that the enforcement of the rate would
be a 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
the provisions of the act of Congress OF
the United States, passed July %, 1856,
entitled can Act to aid in the cOnstruc-
ton of telegraph lines and to secure 10
the government the use of the same for
postal, military and other purposes"
being sections 5,263 and 5,26S, inclusive,
of the Revised Statutes of the United
States
The company therefore prays that the
Railroad Commission be enforced and
restrained from proceeding further In
the suit and from making any other and
further orders in the premises, or from
enforcing the orders already made.
The bill is signed by John +. Dillon,
of New Yok; Rush Taggart, of New
York; Stiles and Holiday, of Rich
mond; Robert G.. Strong, of Raleigh, So
licitOrs of counsel for the complainant
THE POSTAL ALSO EXCEPTS.
The Postal Telegraph Company yes
| terday, through it's agent here, Mr.. w
j. Crews, also filed exception to the
order made by the Railroad Commission
reducing its rate for transmitting mes
sages of ten words to and from points
in North Carolina from % to 20 cents
and ~ cents for each additional word
The exceptions were Overruled by the
Commission, and unless the Postal Com
pany resorts to an injunction or appeal
and gives bond. the order reducing theiI
rates will go into effect September first
The same is true of all other telegraph
lines in the State.
In taking exception to the order fixing
the new rate, the Postal Company sets
forth:
1. That the present 25-cent rate leaves
no profit whatever; that the company
has only forty Offices in North Caro-
| lint, and of these less than half a dozen
are self-sustaining.
2. That the Legislature fixed the %
cent rate.
8. That North Carolina is an agricul
tural States and furnishes much less
Geographic business than do the com
mercial States; but in no State, excepting
between certain great cities which arc
close together, is the regular rate less
than % cents.
| 4. That the average cost nj the Unit
ed States of handling messages of the
| Postal Company is between % and ,!
ceEtS, and the average is much higher
in States having little business.
5. That a tax of 2 per cent on the
cOmpanys gross receipts is annually paiC
to the State of North Carolina.
g. That no testimony has been taken
or facts and figures presented before the
Commission justifying the proposed re-
ductiOn.
&. Inc courts nave ueclueu III 0Outn
ern Reporter, page 15), that a telegraph
company may close an office which is
operated at a loss, even though the
Railroad Commission order it kept open
8. The proposed reduction of rates
is unreasonable, unjust and illegal ans
cannot be enforced.
8. 1t is in violation of the Constitution
of the United States.
These exceptions are signed by w. II
Parker, vice-president and general man
ager. They were promptly Over-rule(
| by the Commission.