Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1910-03-23


The corporations over which the
commission exercised jurisdiction dur
ing the year numbered 1000 Of
these there were 40 railway compan-
les with a mileage in the state of
7,419; 223 electric utilities. "a gas
utilities, $50 water utilities, 500 tele-
phone utilities, is heating companies,
and q electric urban and interurban
railways
Many Of the cases brought before
the commission were complaints
charging incorrect, illegal and unrea-
sonabie charges for transportation.
and asking the commission to order
refund of the oyercharges, The
amounts involved ranged from few
dollars to thousands of dollars in each
case. OF "A such complaints, g. were
decided in favor of the petitioners
Appeals from Decisions.
There were bat two cases in the
courts involving orders Of the commits
sion. The first was the so-caled Soc
case, in which the constitutionality Of
certain sections of the anti-paralleling
law giving the commission power to
determine the points of crossings of
old lines by new lines and to appor-
ton between the lines the cost of con-
structing and operating the crossings
and the interlocking plants required
by the commission, was challenged.
The supreme court held the act con
stitutional and affirmed the order of
the commission Incorporating the idea
that the older roads could recover in
the condemnation suits as an element
Of damages the burden imposed upon
them by the order of the commission.
The other case was the Douglas
County Telephone company against
the city of Superior. which grew out
of a construction of the findings of
the commission by the telephone com
pany concerning free and reduced
rate telephone service. The commits
sion had determined that free service,
IS contemplated by and prohibited in
the public utility law, embraced free
and reduced rate service given to pub
tic Offices and officers, whether such
service was expressly provided for in
the franchise or not. In accordance
with the findings of the commission
the Douglas County Telephone com
many attempted to enforce payment
for a large number of telephones
which it had previously installed and
maintained free of charge in the city
hall. pursuant to a valid written agree-
ment, cOntending that the contract for
sUCa free service was void in the first
place. The supreme court, however,
upheld the contract for the reason
that the same was made prior to
April j, 1907, and therefore exempted
from the statute by the express terms
thereof. 1t also held that the commits
sion could not be made a party to
such action.
Indeterminate Permits.
Very significant and important are
the differences of the commission in
its discussion of the indeterminate
permit. That body lays down the pro-
position that "One of the fundamental
principles of the public utilities law is
q general recognition of the fact that
public utilities are virtual monopolies
by nature and must be dwelt with as
such in any just and comprehensive
system of state regulation. Morally,
only a limited amount of supervision
of their affairs by public authorities
can be justified unless adequate pro-
lection for such monopolies is provid-
ed.
The lawmakers, believing that the
inducement held out by the law of
nerpetuai exclusive ,;osn+. s,,l,o.4