The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-07

SHOWN Up
Judge Gear in Granting
BalIou Injunction
Says Things.

Judge Gear, in a decision of forty
three pages, grants an injunction tt
Sidney NJ. Ballou against the Mutua
Telephone Co, Ltd. 1t is to restrain
the respondent from interfering with
the compliments telephone service
/ The conclusion of the decision is as fol
lows:
81 am of the opinion that the amount
| of rental demanded by the company OF
| the complainant for a desk telephone
under the circumstances of this case is
! grossly and outrageously exorbitant.
and, measured by the prices charged for
wall telephones by the company since
| its existence, the demand could justly
| be characterized by palmer and harsher
| language.
Public service corporations cannot be
allowed to base their charges to the
public upon a schedule limited by what
the 'modesty' of their agents may fix
as proper, and which is all the traffic
can bear and a patron of such cor
poration who comes into court to seek
an injunction against a 'manifestly
exorbitant' demand is not only entitled
to his personal relief, but performs
substantial service to the community
where it appears, as in this case, that
he will be forced to comply with such
a demand or suffer the consequence of
losing the benefits of this public SER
vice. An injunction will issue as prayed
for, and a decree will be signed in con-
forrnity with this opinion in favor of
the complainant"
1t was shown in the evidence, as quot
ed by Judge Gear. that other patrons
of the company were charged but $3.50
a month, the regular house rate, for
desk telephones, while the company de-
manded SIS a month from Mr.. Ballou
The court commented at length on
the inconsistencies of charges for diff
ferent kinds OF telephone installations
wall" desk" extension set" etc.,
saying the evidence of Godfrey Brown,
treasurer, on that point was something
like his evidence as to the country
rates" of $3.50 a month for a wall tele-
phone.
For instance, Camp Mckinley has
telephone service at two dollars and a
half per month, as also have Mr.. Cecil
Brown and the Campbell residence. The |
Pahoa Water Works and Mr.. Chas. Bel |
lima have the same service, being on
the Kapahulu road. Mr.. James Carly, !
who lives five or six blocks farther on, |
pays $3.50 for his Telephone. This |
charge is made, Mr. Brown says, be- |
cause Mr.. Carly is on a country line,
and he is not charged $3.50 because he |
is not on a city line Mr.. Brown |
stated that he didn't know if Carty's |
house was farther from town than the |
Campbell house. On Cartys line there |
are five telephones, while on city line
there are usually but two. The Leahi |
Hospital is on a city line and comes |
in under our regular service This line |
passes Mr.. Carty's house, and is farther |
out than his, Mr.. Carty's, residence. |
Mr.. Brown states that anywhere within |
a reasonable distance from Camp Nc |
Kinley it would be two dollars and |
half per month, but yet charges Mr. |
Carly seven dollars and a half per |
who is within half mile of
the lines which pay two dollars and a
half a month.
"A person three or four blocks away
from Camp Mckinley would pay two
dollars and a half per month if they
were on a city line and seven dollars
and a halfNper month if they were on
a country line, and therefore by pay
ing seven dollars and half per month
they would be on a country lire, and
two dollars and half per month would
place them on city line!'
Hatch & Ballou appeared for COM
plainant, and Smith & Lewis for re-
Spondent.