The evening times., 1900-02-05


telephone, and connected with the eX-
change by a metallic circuit; that is, by
two copper wires that cross each o her at
certain intervals. There is a much cheap
eT and more inferior equipment in use ly
some subscribers, called the Blake trans
mitter with a grounded circuit. That is,
a single wire of iron or steel running
from the central office to the subscriber s
station. and thence to the ground, that be-
ing made to take the place of a return
wire. In cities where electrical currents
are used for lighting and propulsion OF
street cars. this grounded circuit, it is
claimed. is very unsatisfactory, and con-
fusion of sounds in the telephone is lilb e
10 result. so that the metallic circuit Is
preferred but the cost is much greater.
The Defendant's Service.
The service rendered by the defendant
proofs, is also as good as such service can
be made in the present state of the art.
The complainants have their own special
wire running from their Office TO the cen
tral Office Of the defendant through which
they can directly converse with any other
subscriber in the District In other words
there is but one switchboard. and that is
so arranged that single person answers
the calls OF each subscriber, and connects
the telephone of the caller directly with
the telephone Of the person called. The
subscribers are placed in groups a sin
gle operator having 100 telephones to an
swer, and the switchboard is so arranged
that the other 300 subscribers. in case
there are 2,0o0 in the exchange, are within
the reach OF each operator. 1t is quite
evident that the best service is obtained
through a single central Office. or one
switchboard rather than through divided
board or SubStation, as these require COM
munication with more than one person,
and in such case delays and mistakes are
more liable to occur.
Another advantage which the complain
ants have by their superior equipment is
that they can be at once connected with
the long-distance lines maintained by the
American Telephone and Telegraph Com
pany throughout the country. and can then
talk in their own Office directly with per
sons in the distant cities. When used for
this purpose however, an extra charge is
made on what is known as the toll sys-
TEN. the amount depending on the dis
tance and length of time consumed ia talk
ing The defendant states in its answer
that the expense of maintaining this class
of equipment and service will exceed the
maximum rates named in the said act.
II this claim is true, whether the said act
equitable to enjoin the defendant from
disseminating business for that reason.
without allowing it TO substitute a cheap
er grade of service and equipment Can
the court by its iniunctiye process. com
pei party to continue TO carry on bust
ness al a loss, or against his will. because
he believes il to be at a losing rate? The
bill AYERS that notice was duly given ter
the contract of the complainants.
The ten days expired on July H. 1898. Aft
er giving this notice. and two days before
the telephone was to be removed. the com
plainants informed the defendant that
they would be willing to retain the tele-
phone and connection at the rate OF $50
year but this unwillingness to do so did
not operate TO make new contract or to
annul their notice terminating the only
one then existing. Their second letter
states. We hereby notify you that after
our present contract with you shall have
expired. pursuant TO our notice sent you.
We viii retain the telephone on our prem
ises, etc. at the rate fixed by the recent
act. thus showing that their claim is bas-
ed wholly on their supposed rights growing
out OF The statute. and resulting from the
character Of the business conducted by the
defendant. as a quasi-public corporation.
and that they had no contract relations
whatever with the defendant when the bill
was dled.
The Defects in the Bill.
This act does not refer 20 the detehdant
company By name. and counsel for COM
plainants frequently insisted during the ir-
gumeut that IL was rot intended for the
defendant especially; suggesting that il
the defendant could not render the ser
vice required at the rates fixed.
it should quit and let some one
else have chance 70 dc So.
But this argument does not agree with the
scheme OF the bill The prayer OF the bill
is that the temporary injunction may be
made perpetual so long as c1mplainants
shall continue to pay 10 the DEFENDANTS.
quarterly IL advance. for such teleptoD2
and telephone exchange service al the rae
of $50 per annUm.
The temporary injunction passed herein
and now in force, restrains and enjons
the defendant from removing or attempt
ing to remove from the premises of the
cOmplainants the telephone and its appli-
ances by said defendant heretofore placed !
therein, and from refusing or neglecting I
TO connect the same with other telephones 4
upon being requested so TO do, and from /
or refusing to furnish telephone !.
exchange service to the complainants for +
the said telephone in the same manner as /
il has heretofore furnished such service. /
So that the claim appears to be that no 1
matter what may be the cost Of furnish 4
ing the identical equipment and service I!
heretofore furnished, and for which the /
had formerly contracted 10 :
Day S145 per year (or $133, with discount
)ffl. and which contract either party had 4
he right to terminate on ten days no 1
ice the defendant must. willy ynilly, con 4
-inue to furnish the same class of mate /
-ial and labor in the same frst-class and /
manner at the will of the COM 4
forever. because this act makes 4
t unlawful to charge more than $50 per 4
Tear for a telephone on one wire; this,
90 regardless Of the increase or decrease
n the cost OF labor or material. or other
changes in conditions, or improvements I'm
new patents, or better meth
Ids
The court is asked to make, in effect
iecree to operate as a contract binding on
he defendant perpetually but with no OBJ
igation on the part of the complainants to |
continue for any definite length of time.
,r to do any other thing except to pay $50
year. To do this would require the court
o construe the law as IL it granted per-
,etual monopoly TO the defendant. and af-
and expressly required it to do
LII the telephone business in this District
1t the rates stated, and to furnish the
best grade Of service and equipment then
being furnished by the defendant, and to
continue to furnish the same indefinitely. |
20 long as parties are willing to pay |
herefor at said rates.
Deprived of Power.
Granting that Congress had the power
o pass this law, and that the defendant
: public service corporation, and COM
non carrier of telephone messages, and
,ound to furnish the high grade service