The times., 1899-01-01
S. N. BRYAN Indicted
Charged With Violating a
Telephone Law.
THE COMPANY WILL FIGHT
The Specific Allegation - What the
Act of June 30 Last PrOvidcs-Nu-
merous Proceedings rending = A
Claim That the Law Is UncOnstitu-
tionnI-Thc Penalty Indefinite.

Samuel NJ. Bryan, president OF tHe
Chesapeake and Potoma3 Telephone Com
pany, was yesterday indicted in Criminal
Court No. /, Justice Cole sitting, for yio-
lating the act OF Congress OF June 30 last
which regulates the rates to b. cha. ged
for the use of telephone instruments and
appliances in the District OF Co umba.
The act referred to fixes the maximum
price for the service of a single te,ephone
instrument at $50 per annum, and, it is
alleged, Mr. Bryan has vio.ated this law
The specific charge against Mr. Bryan
stated in the indictment is that ne de-
manded from William ". DanenhoWer,
the proprietor Of the Hotel Fredonia, $40
for three months service OF a te.ephcne,
placed in his premises, the hotel Men-
toned. This amount, it is alleged, is far
in excess of that stipulated by the act of
Congress regulating the price for the use
OF telephone within the limits of the
District.
The highest charge allowed by the act
of June 80 last for the use of a single tel
ephone for period of three months Is
$1250.
The Indictment of Mr.. Bryan for the Of
fense charged is no surprise. for nearly a
month ago the fact that such proceedings
the district attorney, was announced
in The Times. Mr.. Davis statsd at trat
time that the matter had been referred to
him by the grand jury. which announced
that it believed that it had sufficient evil
dence before it TO warrant an indictment
being framed against Mr.. Bryan. The in
formation at hand was accordingly laid
before Mr.. Davis. who drew the indict-
ment which was returned yesterday.
Proceedings in different forms have been
instituted against the Chesapeake and Po-
tomac Telephone Company by It's patrons
within the last three months for the pur-
pose OF compelling it to comply with the
act of Congress regulating the prices of
telephone service within the limits OF the
District.
These proceedings have been il the fern
OF petitions for injunction and maDdamus
and are still pending before the equity
courts in the District. In all these pro-
ceedings the act of Congress Of Iune 18th.
fixing the rates for telephone service, las
been held constitutional by the justices
the Supreme Court of the District TO the
telephone company, through its counsel.
maintained that the law was llnconstitu-
tional and appealed from the decision OF
the Supreme Vourts of the District to the
Court of Appeals for the District and has
signified its intention to carry the matter
10 lne Supreile COurl oi tne tnileu oNdteSi
il necessary. for final disposition.
The decisions obtained in the lower
courts against the telephone company.
however, did not afford the subscribers
for its service any relief because, in taking
its appeal. it gave a bond TO refund to its
patrons all moneys collected from them
for telephone service in the event Of the
matter being finally decided against it.
II Mr.. Bryan should be convicted of the
off rf,a II f1A fnds ff.tfu a
against him yesterday. it is ssill a matter
of doubt what effect it will have as the
act OF June 30th, regulating the rates tC
be charged and received for telephone SCR
vice, does not prescribe penalty for its
violation. 1t is the general impression
| however. that. under the present law, il
convicted, the offender can be naed rs fol
a misdemeanor, as in other instances
where the law fixes no penalty for it:
violation.