The times., 1901-05-22
A REHRARING AWARDED
District Supreme Court Reversed
in the Telephone Cases.
The Court of Appeals Declares That
the Legislation Involved Is Con-
stitutionaI and Valid-NO Redress
in Ex-Lieutenant Browns Case.

In the case Of James f Manning and
others against the Chesapeake and Po-
tornac Telephone Company, commonly
known as the telephone cases, the Court
of Appeals for the District yesterday
announced its decision reversing the judg-
ment of the Supreme Court of the Dis
trict.
In the original proceedings Manning and
the other complainants filed a petition
asking for an injunction to restrain the
Chesapeake and Potomac Telephone Com
pany from removing its Instruments and
appliances from their respective places
OF business. and also to compel the teie-
phone company TO conform TO the act OF
Congress of June 30. 1898, regulating the
price for telephone service in the Dis
trict. According to the terms Of the act
the Chesapeake and Potomac Telephone
Company was not allowed to charge more
than $50 for the use of a single telephone.
When this petition was filed in the
Supreme Court of the District a tempo
rary injunction was granted and the
matter went on to final hearing a
volume of testimony was offered, which
was taken by both parties to the suit IN
different cities throughout the United
States and Canada.
Inc eNlutlltt u llAt NN4Ai E'-ebAAlsAAANN ''-NN
to show that in the great majority of
cities where telephones were used the
service was supplied at a cost much less
than that charged by the Chesapeake and
Potomac Telephone Company. The latter
offered testimony to prove that if it were
compelled to furnish telephone service at
the rate fixed by Congress it would be at
loss TO the company II also contended
that the act OF Congress regulating the
telephone rates in the District Is uncon-
stitutional, and is a usurpatlon OF the
rights OF the defendant
After hearing argument by counsel for
eithec party. the Supreme Court of the
District dissolved the injunction and dis
missed the bill Of the complainants. FROM
this decision the complainants took an ap-
peal to the Court of Appeals for the Dis
trict.
The Court of Appeals, in its opinion,
declares that the act of Congress is not
unconstitutional, but is valid. The con-
tention of the telephone company that its
iDcorporative rights are invaded by The
act OF Congress is also denied by the
court, which held that the defendants are
doing business in the District subject to
the laws of Congress. According to this
decision the case is remanded to the lower
court for q rehearing
James +. Manning was the first of the
patrons of the telephone company to file
proceedings against it. Soon others, to
the number of about eighty of the sub
scIibers Tor the service OF the Chesapeake
ana fDlpuldC NtN JIlblt COMPANY IDllON-
ed suit AT the hearing the case OF Man
ming was selected TO make the test and
the decision viii hold good in reference
to all the other petitions for injunction
filed Messrs. Hemphill * Peter and
Birney & Woodard appeared as coun-
sci for the complainants. and Worthing-
ton, Head * krailey and j. NJ. Wilson
for the Chesapeake and Potomac Tele-
phone Company.
In the case of Lewis E. Brown, who
filed a petition in the Supreme Court of
the District asking that a writ of man
damus be issued against Elihu Root Sec
retary Of War, to compel him TO grant
Brown an honorable discharge from the
military service of the United States, the
Court of Appeals in an opinion announced
by Mr.. Justice Shepard sustained the
judgment of justice Bradley denying the
petition.
Brown WAS a lieutenant in the volunteer
service doing duty in Cuba. and was
charged before a court-martial with con
duct unbecoming an officer and gentle
man He was charged with gambling
with the enlisted men. On trial before
the court-martiaI he was acquitted, but
afterward the court was reconVened and
he was found guilty.
In the case Of Frederick j. Miller
against Alexander Kel 2. involving
patent right. in an opinion announced by
Mr.. Justice Morris, the decision of the
Commissioner Of Patents was affirmed.