Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1908-12-30
JUDGE STEVENS DECIDES CASE
OF MUCH INTEREST AND FAX
REACHING.
81 CONTRACT CONTRARY TO MORAL
ITY AND PUBLIC POLICY
MUST NOT STAND.
SERVICE RENDERED FREE TO
CITY OFFICIALS DECLARED
TO BE ILLEGAL.
Madison, Dec. 25.

Madison, Dec. 25.
The railroad commission was fully
sustained in a decision rendered yes
terday by Judge e. Ray Stevens of the
circuit court for Dane county, in the
case of the city of Superior against
the railroad commission and the Doug
las county telephone company, involv-
ing the validity of an arrangement en-
tered into by the city for free tele-
phone service in the city offices. The
decision of the railroad commission
was to the effect that this free service
arrangement was in violation of law
and void. Judge Stevens holds that
the railroad commission decided prop
erly. The city granted a franchise to
the telephone company, among the
provisions of which was that the COM
pany should forever maintain free OF
charge service in the city offices. The
railroad commission decided against
city took the matter to the courts, al
leging that the franchise constituted q
contractural relationship between the
city and the company and that the
public utilities law could not be oper-
alive constitutionally to impair the OBJ
legation of this contract. The decision
of the railroad commission adverse to
this claim of the city was based upon
a recent decision by the Wisconsin SUI
preme court. in the Independent tele-
phone franchise case from Milwaukee.
in which it was held that there is no
such thing as local telephone fran
chise that where such so-called fran
chises have been granted they are
only pretended grants and not effec-
tive. The Superior case was argued
before Judge Stevens by City Attorney
George Lyons, for the city, and by
Senator George B. Hudnall of Superior,
Edward S. Mack of Milwaukee and A.
c.. Titus of Madison, for the telephone
companies and the railroad commits
sion.
The case came before Judge Stevens
when the city of Superior asked for
an injunction restraining the railroad
commission from enforcing its order.
To this the railroad commission de-
INJURED and Judge Stevens decision
was upon the issues involved. In pass
ing upon the case Judge Stevens said:
1.-The service in question was given
gratuitously by corporation that was
subject to police regulation and con-
trolled by the plaintiff city. acting by
and through the city officers and mem
bers of the common council who had
the use of these telephones for the
transaction of private as well as pub
lie business.
Before this arrangement was made
for free telephone service both by leg
islative enactment and by amendment
to the constitution, it had become the
settled policy of the state that no pub
lie officer should receive free service
in the transmission of any message
or communication. While the free
service was here in terms given to the
city, it was in fact enjoyed by the city
officials upon whom was imposed by
law the duty of exercising the police
control of the telephone company
WHICH WAS ttctcu III TIE pidlutin City.
Judge Stevens points out that "in
plain and unmistakable language the
legislature and the people have de-
clared that it is against public policy
for this state to permit a government
tai agency to receive free service from
such a corporation as the defendant
telephone company" Further. Judge
Stevens says that public policy and
sound morals imperatively require
that courts shall condemn, every act.
and pronounce void every contract. the
elements or probable tendency of
which would be to sully the purity or
mislead the judgment of those to
whom official position has been en-
trusted" 1t matters not. he said, that
nothing improper is done or expected
to be done. 1t is enough if such is
the tendency of the contract. that it
is contrary to sound morality and pub
lie policy. leading necessarily, in the
hands of designing and corrupt per-
sons to improper tampering with pub
lie officers and the use of an extrane-
Gus, secret influence over an important
branch of government.
Judge Stevens determines that the