Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-08-27
Nebraska
PHONE URDER SlAlS oAML
Supreme Court Declines to Modify
Injunction Secured.
WA1N ARGUMENT TO FULL BENCH
Arrangements Being Made 60 Feature
Automobiles at Nebraska state
FaIr-Hnrtigan Approves
OffIcers' Election.
,From a staff Correspondent.

LINCOLN, Neb., Aug 6-(Special)-
Tho supreme court will not modify the
tempoI AIRY injunction issued to restrain the
Nebraska Telephone company from making
any connection with the Independent com
panies at Plattsmouth. Nebraska City and
Papilllon. Arguments for a modification
Of the Injunction were made yesterday
afternoon and the case taken under ad-
visement. The court decided that inasmuch
as the full court was not present IL would
not pass on the question until argument
could be made to the full court The in
junction Is to be argued before the court
September II and II is probable no re-argu-
ment for modification will be made be-
fore that time.
general or those whom he has appcSated
10 look after the case, that the connection
with the Independents at the three places
for these companies insisted that trade
would be increased by the consolidation.
At least they held that as there way a
question whether trade would be decreased
or increased the Injunction should not pre-
vail until after a thorough trial OF the con-
solidatcd companies, when II could be
seen Just tho amount of business that
would DO done 1t was pointed out that
this was the argument advanced by the
Junction against the express companies to
prevent them from violating the Sibley
law. The express companies alleged that
they would lose money by the operation of
the law The attorney general held that
no one could tell whether they would or
not until the rates were put In operation
and given fair trial The court held
with the attorney general in that case.
= Independent violates Orders.
Because the Independent Telephone COM
pany of Omaha has furnished the people
of South Omaha and Florence with tele-
phones on an order from the railway COM
mission which applied solely to Omaha. the
company is now seeking to right itself
with the law by asking for a modification
of the order of the commission.
In 1908 the Independent company secured
permissioH of the railway commission to
charge a 6ertain rate in Omaha, based on
the number Of telephones in use. It then
secured permission through an ordinance
passed in South Omaha to charge certain
rates there. there being no charge for tel
sphones until 1000 had been installed. The
system was then extended to Florence I'M
der the Omaha rates.
Attorney General Thompson has ruled in
an opinion given to the commission that
the ordinances of a city cannot take the
place of the orders of the railway COM
mission and the city cannot take away
the authority of the commission to make
rates
l.. l. Abbott receiver OF the Independent
company, informed the commission that the
Omaha order was secured before he be.
came connected wit hthe company and thai
ne supposed the order included not only
Omaha, but the surrounding territory. He
accompanied his answer with a request tc
have the order modified 80 as to apply-t to
the neighboring territory. The commits.
sion will grant a hearing on the appica-
zion. a.