The Washington times. (Washington [D.C.]) 1901-1902, 1902-03-03
Telephone Company Ques-
tons Its Right to Regu-
late Rate.
THE ARGUMENT BEGINS TODAY
To Be Heard in United States Supreme
Court-Case Has Been Watched With
Close Interest by Washirgtonians-
Decision Anxiously Awaited.

The question of the power Of Congress
to enact legislation to regulate the rate
for telephone service will be the subject
of argument today before the Supreme
Court of the United States. Considera-
ton of the matter will come UP in con-
nection with the hearing OF the suit OF
MIR James F. Manning and others against
the Chesapeake and Potomac Telephone
Company to compel it to comply with the
act of Congress fixing the highest rate
chargeable at $50 per annum-
The litigation was begun in the fall OF
1888, and its course has been watched by
the residents of Washington with closer
interest than any legal proceedings ever
instituted here. except some suit inyolv-
ing the personal rights Of the people.
Mir. Manning First in Line.
The first person to file petition asking
that the Chesapeake and Potomac Tele-
phone Company be restrained from re-
moving its telephone instruments and ap-
paratus from his place. because he refused
to pay rates for service other than those
stipulated by Congress, was Mr.. Man
ming.
He also, in connection with the petition
for injunction, asked that the telephone
act of Congress regulating the price for
service in the District.
Nearly a hundred of the patrons of the
Chesapeake and Potomac Telephone Com
pany filed suits of similar nature. In
this litigation against the telephone COM
pany the petitioners are represented by
Attorneys Arthur A. Brney, John J.
Hemphill. Henry F. Woodland. and Ar
thur Peter. while the corporation was
represented in the lower courts by Messrs.
Jere NJ Wilson. A. A. Hoehling. and A. S.
Worthington. of the firm of Worthington.
Head & Frailey. Since the arguments
before the Court of Appeals for the Dis
trict Mr.. Wilson died
Left for Florida.
About three weeks ago Mr.. Worthington
left for Florida for the benefit of his
health. He is not expected to return I'M
til tomorrow morning. This may delay the
opening of the arguments.
Both parties to the suit, however, are
very anxious that 1T should come to a
final hearing. and for this reason Joined
in asking that the case be advanced on
day in the Supreme Court of the United
States may also be a cause of further
postponement OF the hearing.
In answer to the petitions asking that
the Chesapeake and Potomac Telephone
Company be required to comply with the
act of Congress regulating the rates for
teiephonic service in the District IL
claimed that the legislation is Illegal and
was virtually confscation of its prop
erty rights.
Testimony relative to the question at
Issue was taken in different cities
throughout the United States and Canada
and thousands of typewriter pages were
read to the court. The reading OF the tes-
timony alone occupied the attention OF the
court for three weeks.
After argument by counsel on either side
Justice Barnard took the matter under
Amusement, and later announced his de-
cision, declaring the act OF Congress
prescribing the telephone rates for the
District TO be unconstitutional From this
decision Mr.. Manning and the other petit
TONERS took an appeal to the Court of APP
peals for the District
There again the case was argued. the
same counsel appearing for the different
litigants.
Courts Verdict Reversed.
The Court of Appeals in an opinion de-
livered by Justice Alvey reversed the
judgment OF the Supreme Court OF the
District. From this decision the tele-
phone company took an appeal to the STU
preme Court OF the United States
Part of the testimony in the case con-
sists of a brief history of the Washing
ton plant of the Chesapeake and Potomac
Telephone Company. In the brief filed