The Washington times., 1906-12-28
Decision in Telephone
Case Gives Chance
for Contest.
Measures Supporters
Will Be F0I tilted
With Figures.

mat an exhaustive Investigation
by Congress of the cost of manu-.
featuring illuminating gas in the
District of Columbia will be neees.
sary before the Madden bin for Is.
/ cent gas can DE passed with safety,
and that such an investigation will
destroy all hope of the measure be.
ing enacted into law by this Con.
gress, are things feared by those
interested in the movement for
cheaper gas.
Such fears are caused bl- the recolle.-
( tion OF the ruling Of the United States
supreme Court in 1891 in the cas-. Of tho
! Chesapeake and Potomac Telephone
Company vs. Manning, ia which the
company sought 10 have set aside the
provision OF an act Of Congress passed
in 1895 that there should be charged in
the District tain fat rates Tor tele-
phone servi-e.
Rebuke for Congress.
The court upheld the contention OF the
company that Congress had no right
10 prescribe such rates for the service
as would result in practical conhsca-
back 20 the District Of Columbia su-
preme Cour, with Instructions that that
court make inquiry as 20 the reason
ableDess of he rates fixed by Congress.
In effect the ruling the Supreme
Court Of the United States was that
Congress should not ia rates Tor pub
lie service corporations without havinc
irst determined, by inquiry, that the
cost of producing an article was such
as 70 make the rates charged for Il
capable OF yielding a profit reasonable
ia business
Tie bin for cheaper gas Is a parallel
case. and while an aroused public sentI-
menJ is demanding cheaper rates. ana
while those supporting the movement
are convinced that - cents per ], 900 feet
IS a reasonable rate TO charge for gas,
there are few Who would advocate Con-
gress passing the bill without having
fortified itself with data as 10 the cost
OF producing the gas.
They Would Hesitate.
They would hesitate 10 jeopardize
and delay the reform oy facing the prob
ability Of the bill being made OF no
effect by the Supreme Court if the gas
company should desire 10 fight the
matter in the courts Their hesita-
tiou would come from tine fact that III
action at law might leave the situation
unchanged for several years while d
decision was being awaited.
On the other hand, II the thorough
investigation was made, the bin might
be passed next winter al the latest
There is, OF course, a possibility thar
the House District Committee will has
ten the move for cheaper gas by every
means known TO legislative procedure.
If this were done, there would be an
excellent chance 70 have the fullest
kind of investigation, 10 report The bill
10 the House ana 10 have it passed by
the House and Senate ana signed by
the President by March g.
But unless this is done; unless almost
unprecedented effort is made 10 hasten
the pill 10 passage, the risk OF no ac-
ton being taken by this Congress on II
Will be tremendous
Will Take Weeks
a thorough investigation of the cost
OF producing gas, OF the cost OF the
bought for its manufacture.
Of the price OF the machinery used.
etc, will be a matter Of weeks, II the
committee proceeds with the matter as
I has done with other Investigations in
-he past.
Il is easily seen, therefore, that 1elay
s the greatest enemy Of the cheaper
gas movement in this Congress. Al.
-eady. ten days have passed since the
introduction of the Maiden bill, aad.
although individuals and officers Of elti-
tens organizations have been clamoring
or its passage at an early date, not
wen the first step has been taken to-
ward getting the measure through II
las not yet been sent 70 the District
from the House District
Committee, of which Representative
3abcock, Of Wisconsin. is chairman
A few more ten-day delays. and cheap