The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-11-20
OLD RATES RESTORED
Il |
The Telephone Case is at
Last Settled.
THE BELL COMPANY WINS
RAILROAD COMMISSION HAS NO
JURISDICTION.
ATTORNEY GENERAL WALSER so DECIDES
The Dispute in Regard to the Removal of the
Depot at CASTOR Also Settled BY
Decision in Favor of the
Cardboard
Seaboard.

ScaUOdTus
For six months, or more, the question
OF telephone rates has been before the
Railroad Commission.
After the first hearing the Commits
sion made an order reducing the max
imum rate to $34-the amount charged
By the Interstate Telephone Company.
Soon after the PRONUNCIATION of this
order rehearing was asked on the
ground that the new rate was unreason-
able and unjust The rehearing was
granted. At its conclusion the new rate
was again ordered.
From this decision the telephone COM
pany appealed. One Of its forty or more
exceptions filed was one setting forth
that the Railroad Commission, under
the law, are not given jurisdiction to
1rescribe charges for rental of telephone
wires and instruments.
The Commission referred the matter
TO the Attorney General for his opinion.
He decided against the Commission and
IN favor Of the telephone company.
In his letter to the Commission touch
bag this point the Attorney General says
that Sec 26 of the Railroad Commission
Act by the use of the language, make
or cause to be made just and reasonable
rates of charges for the transmission of
messages by any telegraph or telephone
line doing buiness in this State"-did
not intend to. and does not, confer upon
the Board of Railroad Commissioners,
the authority to fix rates of rental of
telephone appliances or boxes.
In accordance with this opinion,
therefore, the Railroad Commission yes
terday dismissed the whole case, and
telephone rates remain the same that
they were before the matter was ever
presented to the Commission.
The order dismissing the action is as
follows:
''The Commission having fully con-
sidered the exceptions filed in this case
and having obtained the advice of the
Attorney General thereon, are of the
opinion that the Board of Railroad
Commissioners are not given jurisdic-
ton under the Railroad Commission Act
Of North Carolina to do more with re-
spect to the rates of telephone COM
panies than to make or cause to be
made just and reasonable rates Of
charges for the transmission of mes
OdSCS ny dHy ICICpHOnc lIAC VI tlI1SS
doing business in the State, and that
they have no authority under the Rail-
road Commission Act to prescribe charg-
es for the rental of telephone wires, in
struments and exchanges or the use
thereof, but that the rates fixed by the
Commission for the transmission OF
messages shall remain in force. /
1.-THE representatives of the Southern
Bell Telephone and Telegraph Com
7any were present and proposed to show
from transcripts of their books that
their charges for the rental of telephone
wires exchange service or the use there
Of, were not unreasonable but this mat
ter was not considered by reason of the
opinion Of the Attorney General here
with filed.
'.All orders fixing the rates for the
rental Of telephone or exchange service
are hereby rescinded and the case is
stricken from the docket"
This leaves telephone companies in
the State free to make such charges
as they may see fit-except that the toll
rates must remain as the Commission
has fixed them.
The telephone company was repre-
scented by Senator Daniel, Mr.. Robt. Q.
Strong and Mr.. Clarence Young.
Another important decision rendered
yesterday was in regard to the removal
Of the depot at CASTOR. For nearly
year this dispute has been coming be-
fore the Commission, and once or twice
much feeling has arisen among the in
terested parties from its discussion. :.
Now that, too. is settled, and settled
nv giving the Seaboard permission to
move the depot at CASTOR, so as to
straighten its track. This will mean
the shortening of the line about a mile
and half.
The railroad was represented by Maj.
John d. Shaw, who said that while the
change would work hardship to a few
people it would accommodate about
three times as many, as well as lessen
the danger Of wrecks and other acct
dents.
The new line has already been sur
viewed and grading will begin at once
The Seaboard obtained permission
from the Legislature to change the
track. but it was also necessary to OBJ
tain the sanction of the Railway Com
mission. As the STRENGTHENING of the
track necessitated a change of severa
miles in the road bed, the people o.
CASTOR entered protest. The tract
when straightened, will not touch Gas
ton, going several miles distant. Wher
the change is completed the steep grad
at CASTOR will not be encountered.
Mai Shaw also renewed his reques
for O restoration Of the old cotton rat
on the Carolina Central, but this wa
refused.
The regular docket of the Commits
sion was then taken up and dispose
of. OF the twenty cases of discrimina
ton. overcharge and the like not on
was of general public interest or impol
lance.
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