The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-12
SANITY IN QUESTION
Mrs. Austin and Son Bitterly
Fighting the Charge
BROUGHT BY.AN0THER SON
Case Occupies Nearly Two
Days in Probate Court,

Judge Wyatt returned from Topeka yes
terday, having been there for two or three
days attending a session of the new court
Of visitation The court was organized
by elecung Judge Johnston of Garrett,
presiding judge. The first case filed was
by the Postal Telegraph company.
The petition prays for an order modifying
the schedule of rates for the transmission
Of telegraph messages established by the
legislature in extra session. The petition
was fled with Mr.. Myatt because the law
makes it his duty to present cases to the
court.
The petition is signed by Edward J. Nal
ly Of Chicago, assistant general superin-
tendent Of the Postal company. Nauy
claims that the company cannot earn
anything in Kansas even with the old
rates in effect. He says that the company
lost 81, 2S0.72 on its Kansas business in
1893 the receipts being s27,G04.59, and the
expenses S38, SS5.31. He says that Of the
thirty-two postal offices in Kansas, thir-
teen are run at a loss. The figures in
clude both state and interstate business.
The cost to his company of handling mes
sages in the United States, he says is
q cents message; the tolls are 81 cents
a message. He says that the company
paid S2,947-S9 for taxes in Kansas in 1898,
and s2,576.59 for repairs. The petition con-
cludes:
Wherefore, your petitioner asks that
the rates Of local telegraph messages as
fixed by chapter s. special session laws
Of 1899, he modified so as to allow the same
charges as were made for local telegraph
messages in the state of Kansas prior to
the enactment Of said statute"
The petition was fled by John Thomas,
manager of the POstaTs Topeka office. Mr..
Wyatt examined the petition and found
that it was defective. The law does not
provide for a proceeding such as the Pos
tai commenced. The law provides, how
ever, that the court of visitation shall
have the same power. jurisdiction and
control over all questions concerning the
regulation of the telegraph service, the
Teasonableness Of charges fixed or to be
fixed by any order Of the court. and in all
matters concerning the regulation, man
agement or control of telegraph compan-
les as Is conferred upon the court in ref
erence 10 railroads.
Mr. Wyatt informed Mr.. Thomas that
there should be plaintiff and a defend
ant in the case and recommended that in
order to get the case before the court an
employe Of the company be instructed to
make formal complaint against the COM
pany f0r violating the law.
Thomas got into telegraphic communi-
cation with his superior at Kansas City
on the subject and later withdrew his
petition. 1t is understood the company
will proceed according to Mr.. Myatt's sug-
gestion.
i is reported that the Western Union
VIII resist the new law in the federal
court in the same manner that ne Kan
sas City Stock Yards company resisted
the stock yards law. A stakeholder Of the
Western Union company according to the
report, is to commence a suit in the fed
eral court to enjoin the company from
putting the new rates into effect on the
ground that they are confscatory.
Section , OF the telegraph law provides:
NO person, company or corporation
owning or operating any telegraph line in
this state shall demand, charge or receive
directly or indirectly. a rate in excess Of
Is cents for the first ten words, exclusive
Of address and one signature, and l cent
FOR each additional word for transmitting
any message between points within this
state. No such person, company or cor
poration shall demand, charge or receive
for any distance between two points with
in this state more than one-third of I
cent for each word for messages of over
ten words received between the hours Of
6 o'clock a m. and 6 o'clock p. m, and
one-sixth of / cent per word for messages
received between the hours Of 6 o'clock
p m and o'clock a. m. 20 he trans
rnitted as special reports for newspapers
The punishment clause Of the law Is as
follows: ANY person, company of cor
poration or any agent, servant or employe
OF any person, company or corporation
violating any OF the provisions of this
act shall be eemed guilty of a misde-
meanor. and upon conviction he punished
by a fine Of not less than so nor more
than 500 and imprisonment in the county
Jail % not less than thirty days nor more
than one year"