The evening times., 1898-07-22
THE TELEPHONE SUITS.
They Are Postponed by Conse
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] =. -
They Are Postponed by Consent
| Until Next Tuesday.
By agreement between the attorneys on
either side. the cases against the Chesa-
peake and Potomac Telephone Company
which were to have come up for hearing
yesterday before Justice Hagner, in EQui-
ty Court No. l, were postponed until next
Tuesday.
The suits. were in the nature of manda-
mus proceedings and injunctions to COM
pei the company to comply with the re-
quirements Of the act of Congress, passed
June 30. which fixed the highest rate for
per annum. '-s-
From the afiidavits filed in the several
suits which have been instituted 1t APP
pears that former subscribers for the ser
vice Of the company Cancelled the con-
tracts which heretofore existed by legal
notice and desired to en:er into new con-
tracts under the terms of the recent act
of Congress. The telephone company,
however. refused to deal with them and
declined to receive the money rendered
for rental under the new law.
The case set for hearing yesterday was
that of James F. Manning & Co.. who
asked for an injunction to restrain the
company from removing its telephone
instrument and appliances.
Attorney Jere NJ. Wilson, representing
the telephone company, in his answer.
admits the enactment by Congress of the
law approved June 80, but denies that 1t
is now unlawful ito ask or receive for
the use of any telephone more than $50
per annum," as averred in the original
petition. 1t is set forth that the COM
plainant entered into a contract for the
use of telephone with the defendant
company July !, 1897, for year. and con-
tinuing thereafter until terminated by
ten days notice, at sl25 per annum, with
an additional so for a desk cabinet. This
is the highest grade of service furnished
by the company, known as the metallic
circuit service.
After admitting the receipt of the no.
tice of termination of the original con-
tract, he says that the tender of $3.50
for quarters rent under the alleged new
law was refused on the ground that the
rates named in the act are less than the
actual cost to the company for furnish
ing such telephones and telephone service.
The company offered to furnish the COM
plainants telephone service named in the
then existing contract.
Inc company CONTENDS tnat tne ACT oi
Congress, even IL it were valid, which is
denied, has no application to any indi-
vidual desiring telephone service, but ap-
plies only to such service as may be rem
dered for the public to the District of Co.
lumbia, for the service rendered the Dis
trict of Columbia for fire alarm, police
and other public purposes: and the de-
fendant further maintains that even If the
act does apply to private parties who may
desire to have telephone service ii is not
unlawful to ask or receive for the use of
any telephone more than $50 per annum.
1t is also claimed that the rates fixed by
the act are arbitrary, unjust, unreason-
able and unconscionable: that the said
defendant has a large, valuable and eX-
pensive plant, consisting of conduits, ca--
bles, poles, wires, switchboards and all
the necessary appliances for the furnish
ing of telephone service of the highest
grade known to the art, and that 1t is now
and for some years past has been supply
ing to persons desiring to have the same.
without any discrimination of any kind or
character whatsoever, all the best tele-
phone service that the best appliances
now known will afford: that II keeps a
large force of thoroughly skilled and COM
petent employees and does everything nee
essary for the support of said service; but
in supplying said service defendant is sub
jected to heavy expense for maintaining
and operating its said business, and that
the actual cost to defendant in furnishing
said service is largely in excess of the
rates named in the act of Congress.
1t states further that If all the tele-
phones in use in the District of Columbia
were at the highest rate named in the
act the revenues derived therefrom would
be insufficient to meet the necessary out
lays in conducting the business.