Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-08
JUDGE COX'S RULING
Fredonia Hotel Case Against G. and
P. Telephone Go.
REMOVAL OF TIE PHONE PROHIBITED
But instrument Must Be Used for
Strictly Hotel Business.
BUSINESS MEN INTERESTED

Judge Cox today announced his decision
i'll the Hotel Fredonia telephone case, the
arguments in connection with which We're
concluded yesterday afternoon The court
announced that he would sign order en-
joining the Chesapeake and Potomac Tele-
phone Company from removing from the
Hotel Fredonia the telephone now in use
there, so long as it is used for strictly
hotel business and for the private business
of the proprietor. The order, SO the court
stated, will also stipulate that Mr. Danen-
hover shall not allow the telephone to be
used for other purposes than those men
tened. 1t might be used for the benefit
and accom- mediation of the guests, such as
sending for wagon to call for baggage.
but shall not be used by the guests for
their strictly private business, such as call
ing for stock reports or ordering theater
tickets.
The order will not be drawn until late
this afternoon, as the attorneys on both
sides desire to confer and to consult the
stenographic report of Judge Cox's de-
cision before framing the order To Star
reporter the attorneys for MIR. Danen-
hover stated that they are very well
pleased with the decision, adding that they
have secured in the way of a ruling all
that was desired.
In his decision Judge Cox remarked that
the telephone company is obliged to main
tain special plant, and, the court pre-
sumed, is entitled to charge for every mes
sage sent. All that the law requires. the
court added, is that the company shall not
dis criIninate between it's patrons, but must
serve all people on the same terms. He
went on to say that any previous contracts
prior to the existing one between Mr..
DanenhOTeT and the Chesapeake and Po-
tcmac Telephone Company had no bear
81 ,.-tIx,
tract made in 1896, according to Judge
Cox, was the law in the case at issue. The
explicit terms of the contract, Judge Cox
next said. are that the telephone shall be
for subscrihers use only" and on a breach
of the terms the contract might be termi-
mated.
Describes an Abuse.
Where the subscriber allows others to
use the telephone, Judge Cox said. 1t is
an abuse Of the time of the telephone OPP
orator. 1t is also an infringement on the
rights of the Bell Telephone Company,
which receives a royalty from the Chesa-
peake end Potomac Telephone Company.
And further it is an infringement on the
rights of other subscribers. In explanation
of the latter statement. Judge Cox said
it is very annoying for subscriber to
call up a certain number and be informed
that the line he desires to reach is busy,
that being due to the fact that non-sub-
phones.
Judge Cox said the hotel guest is entitled
to the use of the telephone in the hotel,
but added the court, the hotel guest does
not have kilograms sent without paying for
them nor does he secure the services OF
messengers and the use of carriages with
out pay. The proprietor of the hotel has
the right to use the phone. the court held,
for all purposes of the hotel business and
for his private business.
Watched With Interest.
The proceedings; in the injunction case Of
against the Chesapeake and
Potomac Telephone Company were read
with a great deal of interest by the sub
scribers Of the telephone company. If 1t
was possible to say that in a city OF this
size where the business interests are SO
varied. that any one topic at any one time
could absorb the attention of the business
generally 1t may be said that
the relations between the telephone COM
pany and its subscribers is that subject Of
So many people have had experiences
with the telephone company of kind
which have left rather deep impression
on their minds. and there seems to b, such
a general conviction that the present rates
are eXorbitant. not to use stronger term.
1t is not looked upon as surprising that the
company and its methods ara now being SO
generally discussed.
buA1neSS MANS experience.
Some experiences of subscribers as re-
lated to Star reporters are appended. One
man Who is well known In business circles
had occasion some time ago, many bus
mess men have during the recent financial
depression, to reduce expenses by sharing
his Office with two other business men. He
had telephone in his office, for which he
was paying $3.50 a year. When his sub
tenants came in he was notified by Mr.
Bryan, the president of the telephone COM
pany. that they would not be allowed to
Use the phone unless they each paid $50
per year. in addition to the $50 which was
already being paid par year for the use of
the telephone.
MIR. Bryan was Informed by this business
man that his tenants would continue to
use the telephone and would not pay the
extra amount asked Mr.. Bryan responded
that If his demands We're not complied with
he would remove the telephone. He was
told to remove the telephone if he dared to
do it. The result was the telephone was
not removed, the subtenants did not COM
ply with the demands made, and nothing
more was heard from Mr.. Bryan on the
subject.
In this connection it Is stated that other
business men have had similar experiences
and it is the belief that such demands are
not enforced in cases where from motives
of policy ii is deemed wise not to antag-
onize certain men. 1t is thought, how
ever. that the number of such exceptions
from the exactions of the company is not
numerous. and that gradually 1t is being re-
ouced, and it is the opinion that in q short
time everybody will be forced into line.
In an Once Building.
The manager of one of the large office
buildings In the city said that some time
ago he was practically obliged by the COM
pany to substitute a slot machine for the
telephone in the building which the COM
pany provided for the use of the tenants
This change was so distasteful to the ten
ants that they refused to patronize it and
used the private telephones in various Of
fees in the building. or else went outside
The result was that while the telephone
company under the old arrangement re-
ceived $50 a year from the owners of the
building for the rent of the telephone. the
revenue from the slot machine was only
about one-third as much.
1t Is beneved by many that the feeling Of
Indignation over what is believed to be I'M
just and arbitrary charges and methods of
the telephone company will soon reach such
stage that there will be material reduc-
ton in the number of telephone subscrib-
ers, and that as far possible other meth
DDS of rapid communication will be substi-
tuted, OF else there will be combination of
users which will lessen the number Of in.
struments In use.