The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-02-18
THE TELEPHONE RATES.
A Brilliant Speech for the Bell Company
by Senator Daniel.

~ CCAdAOA ADHAESAs
The DAYS session ended with an argu-
ment by Senator John w. Daniel, OF
Virginia, against the new telephone
rate.
As usual he made an eloquent and able
argument He said that when he was
last before the Commission it called it
self judicial body; since then the SUI
preme court had declared it TO be only
an administrative court.
There is still another view in which
our standing before you is affected" he
went on. The attorney general, who
has been chosen by the people as your
attorney, has decided that you have no
right to fix rates for the rental of tele-
phones, but you disregard his Opin-
ion. We are therefore confronted by a
revolution in all that affects our inter
ests before this tribunal. In the former
case a record in this case was made up.
The Supreme court has said this is
court of record and we now demand to
be confronted with the record on which
the rates to which we except are based.
Neither this tribunal or any other
in the State has the right to prescribe
an arbitrary rate. The power of the
Commission is confined by the clause
lust and reasonable rates. The Com
mission is bound by the testimony be-
fore it and that testimony must be such
rs would be admitted and considered N
any court of adjudcature."
Caldwell-"rhe action of the present
Commission was predicated on what it
gathered from the record of the evidence
brought out by the former Commission.
Though the attorney general did advise
that we had no right to make rates, we
did not consider that opinion correct and
hence our order fixing new rates"
Daniel-"Am l to understand that you
rely entirely on the evidence brought
out in the last Investigation
Caldwell-"Not entirely. We are now
prepared to bring out some new facts
showing that rates ought to be reduced.
Besides you are giving service in certain
places where there is competition at Il
very low rate"
Daniel-"But nobody contends that
those are living rates. They cannot
therefore be taken as Indicative of what
are Just and reasonable rates. A man
may give away what he has or even pay
somebody to take it; but that does not
invest the court with a power to compel
him to give his property away. There
has never been before this Commission Il
scintilla of evidence showing that the
competitive rates are just and reason
able. Certain corporations have been
before you to-day for transporting
freight for certain parties free of charge,
is that to be taken as an invitation to
the Commission to- make the express
company carry packages free for. ev-
crybody?
The statute of North Carolina has
prescribed the way in which rates shall
be fixed. The cost of operation, the
earnings, competition from rival lines,
the capital invested and the like must
be taken into consideration.
I'VE have no record. We come as de-
PENDANTS and ask that we be furnish
cd with this record. We want to get
the facts lying behind this decree, com
pare them with the decree and if posi-
BILE convince you that the conclusions
you have drawn from these facts are
wrong"
Personals l understand it there
was no evidence before this Commission
on which to fix these rates. Certainly
my vote or the question was based on
che belief that the new rates are Just
and reasonable. I know nothing of the
FtFuTN Illaue DV tine former commission,
There has been no testimony before the
Commission
Caldwell-"It appears to me that the
rates having been promulgated by thu
Commission and the telephone company
having excepted to these ratas. the bur
den of proof is ON the telephone COM
mny TO make good its exceptions"
paniet-"F Then / understand the chair
man reached his conclusion from the
former record.