Evening star., 1898-07-07
DISTRICT PHONE SERVICE
Legal Proceedings to Be Instituted for
Test of Law.
Contention Over Rates-The Company
Insists 1t Cannot Render service
at Prescribed Rental.

/ The telephone situation in the city is
probably attracting more attention just
now than at any other period since the be-
ginning of the controversy over rates be-
tween the telephone company and its sub
| scrfbers There is however less active
, demonstration than was the case some
weeks ago. Each side however, is looking
forward to the legal contest which is soon
to be instituted, and one result of which, 1t
is understood will be a judicial decision
as to the legality of the law recently en-
acted by Congress fixing the rates for the
telephone service, the maximum charge be-
ing $50 per year.
Telephone customers have the past few
days been receiving from the company
their bills for the new quarter, and as there
is uncertainty in the minds of many as to
whether the new rates are in force, they
hesitate about paying the bills, which are.
of course, in accordance with the OLD rates.
In many instances the subscribers over
looked the fact that the new legislation
finally became a law, and paid their bills
as usual. Others have rendered payment
! in accordance with the provisions of the
new law, and still others have forwarded
their checks for the amount OF the Dfls
rendered, writing the face of the check,
paid under protest" which is beileved TO
| protect their rights
| IneuirinE Subscribers.
| The telephone company has received g.
/ number of inquiries asking why the bills
| were not made cut in accordance with the
| rev law. The uniform reply received from
| the company is to the effect that the new
| rates are less than the cost of the service
I At a meeting of the executive committee
| of the Telephone Subscribers Association
| last evening the attorneys for the assocla-
ton, A. \. Birney and ]. J. Hemphill, We're
| instructed to bring suits in the cases OIL Two
| members of the association.
| One member, not at present telephone
subscriber, desires the company to furnlSn
| him with a telephone at the $50 rate as
provided by the new law, while another
| member who is now a subscriber, mas MADE
| a demand upon the company for a reduc-
| ton in the rate in accordance with the new
| law The latter, as required under the con-
| tract with the company, has gwen ten
| days' notice that he would not continue the
contract and he has been informed by the
! company that the instrument will be re-
moved upon the expiration OF the ten Gays.
Proposed Court Proceedings.
Before that date the attorney for the
| Telephone Association will file an injunc-
| ton IN the Equity Court praying the court
| TO forbid the company from removing the
| receivers from the premises of the sub
| scrlber, thus depriving him of a telephone
| service A suit for mandamus will be fiji Ell
about the same time in behalf of the sup-
scriber. who wants the telephone com
! pany TO furnish him with a telephone. 1t
I is likely that both suits will be begun IN
the course of the pext five or six days.
! and it is thought that in this way the
questions affecting the law will be judicial
| ly determined.
| Is not only unconstitutional, but that it
| is unjust and in support of this conten-
| ton it is expected that the counsel OF the
+ company, Mr.. Jere Wilson. will show that
4 ~ e ft-ga
| by the company is in excess of the rates
| as mentioned in the new law. 1t is proba-
| BILE that important testimony VIII be pro-
duced as to the cost of the telephone serY-
| ice and that evidence will be introduced
| by the other side in support Of the deciara-
| ton that the new rates are fair compen-
| sation.
| In the meantime, 1t is stated by those
| representing the telephone association that
| the rights of the members will be pro-
| tected. and that it is the purpose 20 file
new cases as soon as they are reported by
| subscribers.
| The Post Office Cases.
! 1t seems since the decision Of the post Of
| fee authorities that a telephone service
must be available in all substations, most
Of the druggists who some time ago order
ed their telephones to be taken out have
had them put back as otherwise the pos
/ tai substatio1 would be removed from their
! places Of business. Some Of the leaders in
| the movement which was started by the
| Druggists Association have not had the
/ telephone service restored. but it is under
| stood that Under the circumstances the
| agI cement ought not to be adhered to.
| 1t is said that before the druggists began
| their fight there were ninety drug stores in
| the city where there were telephones. Now,
| II is stated, there are seventy-five. In near
| ly every case the drug stores have the slot
| telephone but the terms made by the COM
| pany are said to be somewhat easier on the
! druggists For instance If the monthly re-
| ceipts do not reach SO the druggists are
| not obliged TO make up the difference out
| of their own pockets. They get % per cent
| of the receipts over $40, but no free mes
! sages are allowed.
| II is said the doctors have not as yet or
| dered the removal of telephones, as they
| prefer to await developments under the
| new law.