Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-25

here, from what Mr.. Bettell. says, 10
show that contracts are not in exist
ence for unlimited service in Newark.
Mr.. Bethel says we are getting around
to the unlimited service subscribers as
fast as we cam Take into conSidera-
ton a new contract like ! have. There
was no difficulty in getting around to
me. Why any delay in changing from
unlimited service to a message rate?
That clearly shows discrimination in
that some subscribers get unlimited
service and Others do not. That alone
establishes a prima facie case for an
investigation.
I'VE have shown that rates in North
ern New Jersey are higher than in
South Jersey. That proves discrimina-
ton.
Il find in Mr.. Bethells exposition
said Mr.. Sommer. in beginning his
summing up "a glowing statement of
his conception of his company's great
ness and of what his company is going
to do, but l do not find in it hat any
of the facts / presented to these COM
mittees last week have been met
II told you then that the Legislature
conferred on this telephone company
extraordinary powers, the power to AXE
your property and mine for its own
purposes, the power to place poles and
wires in public streets.
There has been no denial of that.
II told you that the exercise Of these
powers makes this company a quasi
public corporation. That is accepted by
the representative of the company.
Next, as a quasi public corporation,
il is under a duty to the state to exact
charges that will give only a reasona-
BILE return on the investment repre-
sented and to act fairly in all its deal
ings with the people. I understand
that that proposition is admitted
Court Appeal prohibitiyc.
Mr.. Somner recalled that he had
shown that the great expense involved
made appeal to the courts for relief
from exorbitant rates almost out OF
the question. If an appeal should be
made to the courts and it became es-
tablished that a given rate was I'M
reasonable, it would not be possible for
the courts to fix a reasonable rate, as
such a function was purely Legislative
and not included in the courts powers
"All this has not been contravened by
the other SIDE" said Mr.. Sommer.
Therefore we come TO a point where
from the exactions of aNpublic utility
corporation there is no appeal save
10 this Legislature,
When YOU find a company furnish
ing unlimited service to one man In
a certain community, it is not within
that company's power to refuse I'M
limited service to another in like cir
cumstances. Court decisions clearly
establish that the rate charged for I'M
limited service is the reasonable rate
in such a case and tina the higher rate
is unreasonable
IF | have not made out a prina
facie case l have no right to ask an in
vestigatlor1. With all due Difference TO
Mr.. Bethel, | say that l have made out
a prima facie case against the telephone
company. None of the facts presented
nave been met and not the slightest
thing offered to meet them"
Mr.. Sommer then filed letters ana
other documents to show the genera
interest taken in the phone PROBE
as well as the demand for a thorough
investigation that would result in lesls-
lative relief. The committees adjourned
at this point. They had beer in session
almost five hours. Chairman Tatein
called a House committee meeting TOR
ESQ Monday afternoon, prior to the
local option hearing. Chairman Acker-
man said his committee would meet tue
same afternoon to consider its course