Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1908-01-23
Special Telephone Rates are Declared
Illegal.

tral Ieleph one company to b,
illegal, Manager J. H. Curri,
wrote the State Railway Com
mission and his claim is substan
tiated in the following reply:
NEBRASKA STATE RAILWAY
COMMISSION.
Lincoln, Jan. Is, 1908.
Mr.. J. II. CURRIE,
Mgr Cen. Telephone Co.,
Broken Bow, Neb.
DEAR SIR
We have your favor of the Sth
inst, in which you make certain
inquiries in regard to your
authority under the law to make
special rates for different classes
of service.
Replying to your first question,
namely: "Can we make a man
who wishes to use the system a
great deal, rate. by the year?"
we have to say that it was form
erly the practice of the Nebraska
Telephone Company to sell cou-
pons representing $4,000 worth
of long distance telephone service
for 500. 90 in cash. On October
9TH, this telephone company ad-
mitted the matter of selling such
coupons to this commission, with
request for a ruling as to
whether or not the same was
lawful. The Commission referred
the proposition to the Attorney
General for an opinion, and on
November Esd, his opinion was
filed in this Office, in which he
held, "That reduced rate cam
not be made to depend upon the
quantity of service contracted to
be furnished, as in this case,
without violating section IA of
the Railway Commission law,
and the practice named should be
discontinued"
At a meeting of the Commits
sion, held on December 9th, it
was decided to accept the opinion
OF the attorney general as the
ruling of the Commission and
that telephone companies doing
business in this state, be advised
in accordance Herewith.
In regard to your second in
quiry, namely: Can we make
county officers special toll rate
per year, giving them the use of |
our whole system to use when
they please?" we would say that |
section IA of chapter 90 of the
Nebraska Session Laws of 1907 |
provides:
eff any Railway Company or
Carrier subject to the provisions
of this act, directly or Indirectly,
or by its agents, officers
or employees, by any special rate,
rebate, drawback, or other device,
shall charge, demand, collect, or
receive from any person, firm or
corporation, or greater or less
compensation for any service
rendered, or to be rendered by it
than it charges, demands, col
lects, or receives, from any other
person, firm or corporation, for
doing like and contemporaneous
service, the same shall constitute
an unjust discrimination, which
IS hereby forbidden, and declared
20 be unlawful"
The only exceptions to this
provision are found in subdivision
50 of the same section, which is
is follows:
Nothing in this act shall pre-
rent the carriage, storage, or
handling of freight free of charge
'r at reduced rates, for the state,
'r tor any city, county, or town
government, or for charitable
or to and from fairs
md expositions, for exhibition
hereat."
1t seems plain that while the
general provisions of this law
Pply to telephone companies,
which are included under the
erm common carriers" the ex- $
options referred to, apply only
o the handling of freight, and
lot to telephone service. The ;
commission therefore constructs ;
he law to mean, that no special I
are, rebate, drawback, or charge
i any kind, other than the regu- '
ar schedule on file in the office ,
# the Railway Commission, shall
re collected or received from any
'erson, firm or corporation, for S
telephone service. Your third {
inquiry, as to whether you can S
lake a special toll rate of 80 c
alls for $l.00 per month, and G
'hether you can make a discount
4