The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-02-22
THE TELEPHONE RATES.
4 Brilliant Speech for the Bell Company
by Senator Daniel.

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 q judicial body; since then the Sit
creme 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 Tx rates for the rental OF t&le-
phones. but You disregard his opin-
ION. We are therefore confronted by Il
revolution III all that affects our inter
>~ts before this tribunal. In the formcr
case 4 record in this case was made up.
The Supreme court has said this is a
court Of record and we now demand to
30 confronted with the record oil which
he rates to which we except are based.
Neither this tribunal or any other
= the State has the right to prescribe
IN 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-
tore it and that testimony must be such
IS would be admitted and considered n
any court Of adjudicature."
Caldweil-"The action Of the present
Commission was prodicated on what It
Gathered from the record Of the evidence
;rought out BY the former Commission.
ihough the attorney general did advise
hat We had no right to make rates, we
id not consider that opinion correct and
hence our order fixing new rates.
Daniel-"Am | to understand that you
ely entirely on the evidence brought
cut in the last Investigations
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
'laces 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 II reasonable rates. A man
may give away what he has or ever pay
somebody to take it; but that does not
invest the court with a power to compel
aim to give his property away. There
has never been before this Commission 4
s~cintilla of evidence showing that the
competitive rates are just and reason
able. Certain corporations have been
,efore YOU to-day for transporting
,1eight for certain parties free of charge,
) that to be taken as an invitation to
ne Commission to make the express
company carry packages free for cF-
a~rybOdy?
The statute of North Carolina has
prescribed the way in which rates shall
3e fixed. The cost of operation. the
earnings. competition from rival lines,
he capital invested and the like must
re taken into consideration.
w have no record. We come as de
PENDANTS and ask that we be furnish
a with this record. We want to get
he facts lying behind this decree, com
are them with the decree and if posi-
BE convince you that the conclusions
on have drawn from these facts are
wrong"
Pearson-"As I understand it there
vas 20 evidence before this Commission
n which to fix these rates. Certainly
~ vote or the question was based Oh
he belief that the new rates are just
nd reasonable. [ know nothing of the
ocoru made by the former Commission.
rhere has been no testimony before the
'ommission.'
| Caldvell-''It appears to me that the
ates having been promulgated by the
Commission and the telephone
| 1NInS excepted 10 IHeSc T3I2S. the Dur
'en Of proof is on tho telephone COM
any TO make good its eXceptions.'
Daniel-"Then [ unders1,nu the chair
nan reached his conclusion from the
0rmpr record.
Caldwel-"Hc did"
Daniel-"-And YOU referring to Mr..
'earsonp arrived at the same conclusion
-ithout any evidence"
Pearson-''I did"
Dan;el-"Then by Commissioner
fearson's statement we are prima facie
1lllty Of cNtortlon. and yet we are not
old who charges it or what nroof thev
reduce to substantiate the charge. This
-annot be done. We cannot be deprived
i our property without due process Of
NV. These are the words of the courts
Tue process of law is by testimony of
reditable Witnesses"
P6arson-"If | may interr1nt Won 7
will state that the witness is present and
YOU will have the privilege of examin-
'ng him"
Daniel-"That is a new piece of in
rofnnatlon. II the witness has ALREADY
Heen examined then YOU need not 90
'hrouSh the performance again for my
Neneht, just let me see the record. for.
his court is required to make q record
# Its proceedings. And if he has not
Neen how could his testimony
re known or a decree founded unon ia
IaldWell-'1his Commission has !,
"lSht. whenever it sees fit. to mako =
ate without notice to anybody or With.
'ut nearing any evidence. This i >
iilia iacle case. You have filed excen-
,ols' II now devolves on YOU 10 maxi
nose exceptions good
naniei-SBut the Commission is given
49, 70 summon witnesses. send 70,
'Ha paners and otherwise aat
>HoiS on which to base its r,,linos
,o"' Il you have done this we wonlI
HNe 70 Know it. Is there anything ha