Omaha daily bee., 1910-09-13
Allegation During Arguments Both
Are in Same Situation.
CASE TAKEN UNDER AMUSEMENT
Byron Clark Calls Attention to New
Kind of Organization.
NAMED INTIMIDATION COMMITTEE
Chief Justice Asks Few QueatIons TO
Ascertain Its Character-Case
Taken Under Advisement by
Supreme bench.
From a SAD CorresrondentN

llNOOl4N. sept. lL-~tSp0Cial,D- appli-
cation Of the Nebraska Telephone company
for modification OF the restraining order
issued by the supreme court some weeks
ago to prohibit It from taking over three
Independent companies It had bought or
fro mconnecting with them. was argued in
supreme court today. The court took the
case under advsement
Just before the conclusion. Of the argu
ment Chief Justice Reese asked if IL were
not the law that telephone companies were
compelled to make connection with toll lines
of other companies. Frank Woods thought
mot.
The courts have held that to be the
law" said Byron Clark.
"Al authorities do not hold that way"
interjected Attorney Fields.
NO" replied Mr.. Clark. zone court in
ohio held just the opposite and that de-
cision was secured through the intimida-
tion committee"
| What is an intimidation comrnittee?'
asked Chief Justice Reese" a very audible
chuckle from several in the audience fol-
lowed the judges question.
That's it, your honor said Mr. Clark.
as he moved his hand in the direction OF
the crowd.
Mr.. Clark had said In his speech that
messages had been sent out over the state
to managers of Independent companies to
be present at the hearing today. Fifteen
or twenty responded.
Investigation Promised.
AS a result Of the suit II is probable that
the attorney general will investigate the
| charges against both companies made in
the arguments and IL found to be true take
the necessary steps to force them to make
physical connection with each other
4 Tlsp
General Thompsn BY Judge sedgwick dur
ing the course of an srsamsat shEs, Mr..
Thomuson. II had been charged that the
Independent system OF Nebraska had been
guilty fthe same practices which II had
charged against the Nebraska company
refusal to connect with other systems and
the buying of other plants to stfle compe-
titioE.
1T is not a question in this case" said
the attorney general whether the Inde-
pendent company is an outlaw. This suit
has been filed In the interest OF the peop g
to see that they get their rights
1T seems to me-" interrupted Judge Sedg-
wick, that the legal department of the
state might look into these matters and if
both these cmpanies are guilty of these
things charged, suits should be filed against
both OF them"
: II have not had time yet to look into the
case said Mr.. Thompson in reply but
just as soon as ] can ] wall do so and IL
the investigation warrants any action the
legal department will take it,
, The case came up on a motion by the
Nebraska company to have the restraining
order Issued against that company so
modified that II could connect it's toll line
with the plants recently purchased at
Plattsmouth, Nebraska City and Papillion
The restraining order prohibited the COM
pany from taking over the companies
which 1t bought or from connecting up its
toll line with them.
NO Violation of Law.
Il The argument of the representative OF
Z the Nebraska company. K. NJ. Morsman,
Jr. was that il had not bought competing
companies and therefore had not Violated
the law. Attorney General Thompson. rep
resentng the state, and Judge A. w. Field
and Frank Woods, assisting the attorney
general and representing the independent
association. argued that the action OF the
Nebraska company In buying up independ-
. ent companies in this state is a part of a
plan OF the American Bell Telephone com
pany to secure a monopoly OF the telephone
and telegraph business OF the United States,
and they produced affldavits from Iowa and
Kansas that similar purchases had been
made by the Bell company In those states
: During the course of the argument Judge
= Barnes said;
THE Plattsmouth company is now con-
nected with the Independent toll line, is il
not, and the Nebraska company is not con-
nected?" Being answered in the affirma-
n tive he continued: 1T seems TO me II we
allow the Nebraska company to connect It's
toll line with the Plattsmouth company
a then there would certainly be no competi-
r ton. There does not seem TO me to be any
| con- tition now"
r Wren MI Morsman making his ar
= gument he said that companies belonging
o TO the Independent association had signed
Z an agreement to refuse to connect with
0 any Nebraska company for a period OF
, twenty-five years.
A II challenge that statement" interrupt.
ed Frank Woods.
Are you an attorney In this case?'' asked
Morsman
II am assisting the attorney general,
replied Woods.
Then come out In the open and let Il
be known retorted Morsman, and con
tlnued his argument
Byron Clark Of Plattsmouth appeared
for that company ana Judge Paul lesser
for the Nebraska City company.
: 0pERAT0RS RATIEY cpAI