The times., 1898-07-27
TELEPHONE CASE IN COURT
The Hearing Occupies the Al
tentiOn of Justice Hagner.
SUIT OF JAMES T. MANNING
He Seeks to Enjoin the Chesapeake
and Potomac Telephone Company
From RemovinE Its Instrument
From His Place of Business-Sev-
ernI Other Cases Pending

The hearing in the telephone cases occu-
pied the attention OF Justice Hagner in
the circuit court yesterday to the exclu-
sion of all other business.
The particular suit under consideration
was that of James f. Manning, trading
as ]. F. Manning & Co. doing business at
the corner of H md Fourteenth Streets.
who asked that the Chesapeake and Po-
tomac Telephone Company be enjoined
from removing its telephone instruments
and appliances from his premises
The mandamus proceedings instituted
by Orren G. Staples 10 compel the tele-
phone company to place telephones in the
National Hotel. the Riggs House and
Wizards Hotel. were also set for a
hearing yesterday, but the cases were not
called
As matter of fact, the pIeadings and
answers in both suits are practically iden-
teal and the result reached in the one
now on hearing will be accepted as a de-
cision in the other.
The suits against the Chesapeake and
Potomas Telephone Company, and there
are a dozen or more are brought under
the act of Congress of June 80, 1898. which
fixes the rate for telephone service in the
District of Columbia at not more than
/ $50 per annum for a single instrument
The plaintiff is represented by Messrs
Birney and Woodward and J. J. Hemp
hill and the telephone company by Mr.
Jere NJ. Wilson
The complaints and answers in the suits
were published in detail in The Times at
the time they were filed.
The answer of the Chesapeake and Po-
tomac Telephone Company was supple
mented by affidavits of the electrician
and general manager of the company TO
show that the cost of maintaining the
; service asked for by the subscribers was
actually in excess of the amount fixed by
the act of Congress of June 80, 1898.
Inc telephone company also alleges
that it Is not the intent of the law to
regulate the telephone rates. where the
| service is for private use, but relates en-
tirely to the price to be paid by the Dis
| trlct of Columbia for telephones for the
use of the police and fire department.
/ a great deal of light was thrown on
! the subject by the affidavit of Arthur A.
! Birney, who as attorney for the "Tele-
| phone Subscribers Associatio. attend I'd
| the investigation conducted by special
committee of the House of Representa-
! tives
Mr.. Birney in his affidavit says:
Il attended the investigation into tele-
| phone rates in the District of Columbia
which was conducted by a special COM
mittee of the House of Representa- tives
and heard nearly all the testimony ad-
! dressed before such commit In the
course of this it appeared fr iIn0ny
| on behalf of the Chesapeak Poto-
| mac Telephone Company, THAI :. is IL
! censee of the American Bell Telephone
| Company, which is owner of more than
| one-half of the capital stock of the Ches-
| apeake and Potomac Company, and in its
| contracts with the said Chesapeake and
| Potomac Company and its predecessors,
| has expressly provided that the licensee
| shall charge subscribers to it's exchange
| such rental and royalty for the telephone
| as the licensor may fix from time TO
| time for those and other like exchanges
1T further appeared from testimony
! that the capital stock of the Chesapeake
and Potomac Telephone Company is S.
| $4,000, of which $4,000 was considered by
| the officers to belong to the District OF
| Columbia part Of the business.
| 1T appeared that in the seven years
ending December 81, 1897. the amount tax
en- from receipts In the District of Column
| bia for payments of dividends on the capi-
| tai stock was $685. and that the sur
| plus earnings from the District of Co.
| lumbia in the same period of seven years
were S24S, ,226.23, such surplus being earn
| ings in excess of all expenses, interest
| charges and dividends