The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-02-05

telephone, and connected with the eN
change by a metallic circuit; that is. by
two copper wires that cross each o her IT
certain intervals. There is a much cheap
er and more inferior equipment in use ty
some subscribers. called the Blake trans
mitter with a grounded circuit That is,
a single wire Of iron or steel. running
from the central Ofice to the subscribers
station. and thence TO the ground. that be-
ing made 10 take the place OF a return
wire. In cities where electrical currents
are used for lighting and propulsion OF
street cars this grounded circuit. IL Is
claimed. is very unsatisfactory, and con-
fusion of sounds in he telephone is lilb
10 result. 50 that he metallic circuit is
preferred but the cost is much greater.
The Defendants service.
The service rendered by the defendant
for the complainant il appears by the
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
trail 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 a 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 1.90G subscribers in case
there are 1000 IN the exchange are within
the reach OF each operator. Il is quite
evident that the best service is obtained
through a single central Office. or one
switchboard. rather than through a 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-dlstance 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
lance and length OF time consumed in 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 s. id act
OF Congress is valid or not. would il be
equitable to euJoiu the defendant from
disseminating business for that reason
without allowing il to substitute a cheap
er grade OF service and Equipment Can
the court by its iniunCtiye process. com
Pei party 70 continue 10 carry on a bust
hess az loss, OF against his will. because
ne believes 1t to be at a losing ratc2 The
Dlu AYERS that notice was duly given ter
miuating the contract Of the complainants
The ten days expired on July L. 1895 Aft
or giving this notice. and two DAYS before
the telephone was to be removed. the com
piailants iniUilled the defendant that
they would be willing to retain the teIc-
phone and connection at the rate of $50 a
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 will retain tine 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 filed.
The Defects in the Bill.
This act does not refer 10 the defendant
company BY name. and counsel for com
plainants frequently insisted during the ar
gumeut that IL was rot intended for the
defendant esDecialy. suggesting that iT
the defendant could not render the ser
vice required at the rates fixed
il should quit, and let some one
else have a chance TO do So.
But this argument does not agree with the
scheme or the bill The prayer OF the bill
IS that the temporary injunction may be
made perpetual 50 long as c1mplain8nts
shall continue TO pay 10 the de- eniants
quarterly II advance. for such teleptOn,
and telephone exchange service at the rae
Of $50 per annum.
The temporary injunction passed herein.
and now in force. restraints and enioins
the defendant from removing or attempt
ing TO remove from the premises OF the
compliments the telephone and its aDpl-
ances by said defendant heretofore placed
therein, and from refusing or neglecting
TO connect the same with other telephones
upon being requested so 20 do. and from
neglecting 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
matter what may be the cost OF furnish
ing the identical equipment and service
heretofore furnished. and for which the
cOmplainants had formerly contracted 10
pay $l4j per year Tor 1913. with discount
on. and which contract either party had
the right 10 term nate on ten days no
lice. the defendant must. willy-nlly. con
Hnue to furnish the same class of mate
rial and labor. in the same iTst-Ciass and
expensive manner at the will of the COM
plalnants forever. because this ace makes
Il unlawful to charge more than $50 per
year for a telephone on one wire: this
100. regardless Of the increase or decrease
In the cost OF labor or material or other
changes in conditions or improvements i'm
Instruments. new patents OF better meth
Dds.
The court is asked to make, in effect. a
decree to operate as a contract binding on
the defendant perpetually. but with no OBJ
legation on the part of the complainants TO
continue for any definite length Of time
or to do any other thing except to pay $50
year. To do this would require the court
to construe the law as IL IL granted a per
petual monopoly 10 the defendant and af-
armatiyely and expressly required IL to do
all the telephone business in this District
At 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.
so long as parties are willing to pay
therefor al said rates.
Deprived of Power.
Granting that Congress had the power
to PASS this law, and that the defendant
is public service corporation. and com
mon carrier Of telephone messages, and
bound to furnish the high grade service
and equipment as claimed is IL the