Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-05
Asked for by Committee Of
Subscribers Association.
OPPOSED. To A REPEAL
OF THE ACT PASSED BY CONGRESS
JUNE 80, 1898.
Senator Gallinger Gives Assurance
Have a Full Hearing.

Subscribers Association appeared today be-
fore the Senate appropriations committee
and requested that no action be taken look
ing to the repeal of the act of Congress Of
June 80, 1898, fixing and regulating rates of
telephone service In the District Of Co
lumbia.
The subscribers committee, consisting of
w. w. Danenhower, o. @. Staples, A. A.
Birney and H. F. woodward, in explana-
ton OF Its reasons, outlined to the mems
bers of the Senate committee the present
status Of litigation. The Senate commit
tee was informed that the association had
spent many thousands Of dollars in its eff
forts to uphold the act OF Congress, and
that the members Of the association would
look upon repeal Of the act at this time In
the light Of an injustice.
The Senate appropriations committee gave
the special committee of the subscribers
association to understand that 1t would
not report favorably on the proposed repeal
amendment, and Senator Gallinger, chair
man of the Senate District committee, as
sured the subscribers committee that no
snap judgment would be taken against the
association; that a special committee would
be appointed and the subscribers associa-
ton should be fully heard.
Mr.. Henry F. Woodland, secretary and
counsel for the subscribers association.
this afternoon called a meeting OF the full
executive committee of the association to
be held tomorrow evening at o'clock, at
the Riggs House, when the situation will
be gone over and q more representative
committee will be appointed to appear be-
fore the Senate committee.
MI. Woodlands Statement.
''The people have for four years vigor-
ously fought for the maintenance OF this
act" Mr.. Woodland said today. ''They have
spent a great many thousand dollars and
would look on a repeal Of the act as ca
lamity to the telephone users in the Dis
trlct Of Columbia. 1t has been admitted by
the Chesapeake and Potomac Telephone Com
pany that the cost OF telephone service Is
$50 a telephone. II Congress Is not disposed
to permit the present act to stand 1t should
at the same time fix rates so that service
may be had by the people at a reasonable
cost.
"It was shown by the Telephone Sub
scribers' Association in the test suit that
went through the courts that telephone
service could be supplied in the District Of
Columbia at a cost not to exceed $36 a tel
oughly investigated by a special commit
tee Of Congress, and 1t lies within the pow
er Of the Senate District COMMITTEES to pass
an act fixing telephone rates that will be
alike just to the company and telephone
users"
Prior to 1898 the people OF the District OF
Columbia were. Mr.. Woodard said, harass,
EFFORTS OF the company to limit the use Of
telephones by subscribers to their own In
scribers to pay a toll when they wished to
use telephones other than those in their
own residences or places OF business. -,
A mass meeting of subscribers and citi-
legged arbitrary actions of the company and
to make overtures to the company looking
to the amelioration Of them. The organi-
cation was called the Telephone SuDscrloers
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pointed by the association to call on the
president of the company and request him
to consider the appeal OF the subscribers
for more liberal treatment: The ar pre Maed
ard received the committee with dnd1gntty
and refused to listen.
Appealed to Congress.
Thereupon the association appealed to
Congress- for legislation that should fix the
rates for telephone service in the District
of Columbia. June 80. 1898. Congress pass
ed the act fixing telephone rates at $50.
$40 and $50 a year. The $50 rate was for
single wire service: the others, where a
number Of telephones were on the same
wire. The telephone company declined to
asserted It's pretended rights to use the
streets Of the District of Columbia and to
disregard the will of Congress.
The telephone company threatened to re-
and residences of its different subscribers II
the company were not paid the old rates.
which were $72 to $50 year. The sub
scribers appealed to the courts of the Dis
trict of Columbia for an injunction to pre-
vent the removal of the several telephones.
respectively. and to enjoin the telephone
company from refusing to provide service.
A temporary injunction was granted, and
testimony was taken at intervals extending
over a period Of two years, when the case
came up for final hearing.
The Supreme Court of the District Of Co.
lumbia held the act of Congress to be I'M
constitutional, and dismissed the bill and
dissolved the injunction, from which de-
cree appeal was taken to the Court OF APP
peals. In that count the decree of the
lower court was reversed. the act of Con-
gress declared to be constitutional and the
injunction sustained.
From the decision of the Court of APP
peals the company appealed to the Supreme
Court Of the United States.
The case was fully argued and was by
majority opinion of four to three sent back
to the Court Of Appeals with instructions to
ion was held by three members Of the SUI
preme Court. who, In effect, took the same
view of the Court Of Appeals, that the act
was constitutional and Congress had a right
to regulate rates in the District Of Column
bia
Case Still Pending.
The mandate of the United States SUI
preme Court was issued to the Court of Ap-
peals in conformity with the majority opin-
ion for the taking of further testimony,
and in due time the mandate Of the Court
Of Appeals went to the lower court. where
the proceeding is now pending subject to
the taking Of additional testimony.
On Tuesday of this week two amend
ments Were introduced into the Senate look
ing to the repeal Of the act Of June 80,
1898. ono OF which was referred to the SEN
ate appropriations committee and the other
to the Senate committee on the District of
Columbia,
1t was because Of these proposed amend
ments that the special committee of the
Telephone Subscribers Association appear
ed at the Capitol today.
Personal Mention.
Judge George W. Ray Of New York, who
resigned his seat In Congress to take an
appointment on the federal bench and who
was chairman Of the judiciary committee Of
the House. was an interested spectator in
the House today when the antitrust legis-
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