Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-09-24
PHONE COMPANY
WINS ITS POINT
PUBLIC UTILITY HAS RIGHT TO
DISCONTINUE SERVICE IF SUB
SCRIBER FAILS TO PAY.
THE BEREND CASE DECIDED.
Milwaukee Man Took $4,000 Suit to
Rate Commission, Which Dis
misses Petition.
LAW MADE CLEAR IN DECISION.

MADISON. Wis, Sept. 1S-[Spe-
ciaL Public utilities are entitled to
avail themselves of reasonable means to
enforce payment of bills. either reQuir-
ing cash deposits or securities in ad-
vance. or Dy disseminating service when
oils are not paid as required by the
rules of the company.
A decision to this effect was announced
today by the railroad rate commission in
the case of Oscar J. Berend of Milwau-
kee against the Wisconsin Telephone
company.
This decision settles some hitherto
misunderstood features of the public utll-
tiles law. It had been thought by some
that under this law a public service cor
Doration was compelled to furnish serv-
ice to all who applied and could not cut
OFT service from any consumer on &C
count of non-payment of bills, but would
have to go to the courts to enforce pay
ment.
The petitioner, Berend, a real estate
dealer, had trouble with the Wisconsin
Telephone company over the amount of
money supposed to be in nickel slot
telephone and refused to pay the tele-
phone bill.
Demands Damages, Too.
The company discontinued the service
ngs in the court, was defeated there and
told to go to the railroad rate commits
sion, which he did, but he increased his
demand Of merely asking resumption OF
the service to demand for damages Of
$4,000.
The petition was dismissed, but impor-
tant principles were laid down IN the de-
cision. Among other things, the COM
mission refers to the fact that the pay
ment of all bills due to a utility company
is to the advantage Of the entire commu-
uity as well as to the public utility.
1t also held that to require every con-
sumner to give security would be TO as
sumo that every consumer is dishonest
and intended to escape payment, which
the commission thinks a utility company
is not compelled to assume.
Upholds La Crosse Company.
Through an adverse decision Of JUS
tice of the peace, the La Crosse Gas
and Electric company became fearful
that it had been for nearly two years
collecting money from consumers with
out legal authority and in order to es-
cape back payment, applied to the com
mission for an order to sustain the right
of the company in the question.
The decision announced today held
that the company was acting within its
right and no further order was issued.
The company was particularly fearful
for the validity of the rule for a penalty
of 10 per cent. in the event Of the fail
ure Of consumer to pay a bill within
ten days after it was due.
Orders Pickle Rate Lowered.
MADISON, Wis, Sept. 19.-[Spe-
cial lin accordance with a petition Of
the II. j. Heinz company of Pittsburg,
pickle p,a ufacturers, the railroad com
mission has ordered the Chicago, Mil
waukee & St. Paul road to charge Glass
G rates between points on its line in
Wisconsin on cucumhers in brine in bar
rels or in tank cars in carload lots. The
reduction will amount to nearly so per
cent The higher charge was due to
more valuable classification of the COM
modify.