Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-29
FIGHT TO A FINISH
Telephone Subscribers Contest With
the Local Monopoly.
MASS MEETING HELD LAST NIGHT
Interesting Contributions Made to
the Vital Subject.
THE COMPANY'S INTENTION

| A well-attended mass meeting, called by
the Telephone Subscribers Association,
was held last evening in the dining room
of the Riggs House. Owing to the fact
that the position of the association in re-
gard to the consttutionality of the law
fixing the maximum rate for telephones in
the District at 500 per annum has been
sustained by the Court Of Appeals, the
members feeling Jubilant. The pur-
pose of the meeting last evening was In
part to give opportunity for the ex
preston of qualification at this happier
phase in the contest which the association
has been waging in the cause of more
reasonable telephone charges. Those who
spoke, as well those who listened.
voiced the general feeling of satisfaction
with the present outlook. 1t was cheer
full, confident gathering, and after words
of encouragement from several speakers it
was decided to prepare for continuing the
contest before the Supreme Court. Sub
scriptions were called for and the
sponses came in so that some $1,000 was
pledged by those present.
Col o. G. Staples, the president of the
association, presided, and H T. Wood
ard, the secretary, was in his place.
In the Nature of JoIIihcation.
In calling for order the president said
the meeting in the nature of a jollif
cation to celebrate the victory which had
been achieved in the telephone contest as
represented by the decision of the Court of
Appeals. He spoke of the meeting held
three years ago, when the Telephone Sub
scribers' Association was formed. The
subscribers in this city, he said, had been
annoyed and harassed by Mr.. Bryan, then
the president of the company.
According to the position of that official
the subscribers We're allowing their phones
to be used by others, and he notified them
that this and other practices must be stop
ped. If not, the phones should be removed.
in many cases this threat was carried out
and the instruments removed, and then the
work of the associa ton began and injunc-
ton suits, some hundred in number, We're
brought against the company. Then a bill
was introduced in Congress, which subse-
quently became a law. The company re-
fused to obey this law, which fixed the
maximum telephone rate at $50 per an
mum. suit was brought by the associa-
ton to compel the company to observe the
law, and this suit was decided in favor of
the company.
That decision has been reversed by the
Court Of Appeals, he added, and 1t was his
confident belief that the Supreme Court of
the United States would sustain the latter
ruling. They have now reached this stage
in the long contest with the telephone mon
opOy and it was about to go into the court
of last resort What was needed at this
time the moral and financial support
of every citizen. The work of the associa-
ton was for the benefit of all and the gen
eral cooperation Of the community was
peCted.
Difficulties Encountered by Mr.. Birney
He then introduced Mr.. A. A. Brney,
one of the attorneys of the association,
who made an extremely interesting state
ment of the difficulties which have been
encountered in the past and what was be-
fore the association in the future. He said
that at the outset of this contest, which is
now about three years Old they had found
that in all other cities of this country
lower telephone rates prevailed than was
the case here, and the same condition was
found in Europe with the exception of St
Petersburg. He said that the great OBJ
stacle in the way of those in charge of the
case was to show that the conditions which
existed elsewhere would apply here. Such
showing must be such as could be made
before court of justice.
AS in nearly all the large cities the Bell
company had monopoly of the business
information from that source was natural-
ly closed to the attorneys of the associa-
ton, ana 1t was necessary to extract
large part of the testimony from reluctant
and hostile witnesses. Then again the in
dependent companies were reluctant to ex-
pose their business in a suit in which thy
had no interest. They, however, managed
to secure much valuable evidence.
He spoke of the decision Of Judge Bar
nard, which held that the law was not con-
stitutional, and then referred to the re-
cent decision Of the Court of Appeals re-
versing 'that of the lower court. The fea-
ture Of the latter decision, he said, was
that, in the first place, the telephone COM
pany was not chartered by Congress and
1t was not invited here by the national
legislature, and that the latter has the
n hn GOV, ,Nc+t ,1 ~:
trtct. Instead Of that it allowed 1t to con-
tinue in business by naming what were in
his opinion, reasonable rates. 1t was the
decision of the court that whether the rates
We're too high or too log was imma teriaI.
The court further stated that it was not
satisfied from the figures of the company
that these rates We're prohibitory, as al
legged. For the present said Mr.. Birney,
the telephone subscribers need not pay
more than 800 per year for their telephones
until the decision of the Court of Appeals
was reversed He thought the case would
be reached in the United States Supreme
Court possibly next spring. decision
against the company would mean he said,
including refund of the increased price
now being paid for telephones. an expendi-
ture of about half million dollars by
that corporation. He then spoke of the
need of money to carry on the contest and
said 1t was not right for the many to profit
from the efforts Of a few
Upon the conclusion of Mr. Birney's
speech, which was marked by frequent
manifestations Of approval on the part of
the audience. vote Of thanks was adopted.
An Important Admission.
The next speaker was Mr.. Thomas w.
Smith, who made a very effective address,
referring at the outset to the mass meet
! ing held fifteen years ago at Lincoln Hall.
where telephone subscribers came together
to protest against an increase in rates and
also annoying rules Of the company. He
spoke with some sarcasm Of the claim Of
the company that an increase in the num-
Der Of subscribers meant ouch an, increase
in the cost of the service that. Mr.. Smith
said. the company ought. on their own
showing, now to be out Of business, for
the number Of subscribers had increased
during the past two years from over 1000
to over 1900 1t was the belief OF Mr..
Smith, however, that the same rule ap-
Piled to telephone business In this respect
as to all other classes OF business He
then read a letter under date Of May "a.
1900, signed by Charles q. Beebe. treasurer
Company. It was q. reply to 4 subscriber
who asked that his telephone, removed for