The Birmingham age-herald., 1911-10-31

tdSOu6Dle lOllS
 Notwithstanding the said abuse of the privileges of comity extended to the said respondent, as aforesaid, by the state of Alabama, the said respondent Is endeavor- ing to oppress that portion of the inhab- itants of the said city of Birmingham who are subscribers to, and users of, it's tele- phone service by arbitrarily extorting from them unreasonable tolls and charges; that is to say. the respondent, in the transaction of its said business as such public service telephone corporation for hire, has been charging its patrons in the said city of Birmingham, rates according to- to-wit, the schedule of rates hereto attached, marked Exhibit A. and made a part hereof, which said rates shown by said Exhibit A are sufficiently large to adequately compensate the said respond ent for it's said services, but on, to-wit, 1 September 29 1911, the said respondent for tho purpose of exacting and extorting from it's said patrons then patronizing its said lines. and such other subscribers and patrons as might thereafter apply to 1t for such service, established new sched- ule of rates and charges, which are in substance as shown by Exhibit B hereto, made a part hereof: that on to-wit, Sep tenber 29, 1911, said respondent notified it's said patrons and subscribers that the said rates and charges shown by said Schedule hereto had been put In force | as of November 1, 1911, and that the rates from said November 1, 1911, which would be charged by said respondent to its said respective patrons and subscribers, would be accordng.to the said schedule of rates shown in said Exhibit B hereto, which sad rates are excessive, unreasonable and extortionate, as aforesaid, and if the said respondent be allowed to collect the said | rates and charges shown by said Exhibit B. from it's subscribers and patrons, with in the said city of Birmingham. from and after November 1. 1911, it will be enabled thereby to arbitrarily exact and extort from it's said patrons and subscribers within the said city of Birmingham, ex- cessive sums of money over and above reasonable rates and charges which will aggregate at the present time a large amount, to-wit. the sum of s200,0O0 per an- mum, which amount will increase from time to time, with the growth of the said city. and with the growth of the business of the said respondent in said city.
 Refuse Same Rate
 Complainant is informed and believes, and upon such information ayers that William l.. Dellheim, a resident citizen of Birmingham, and divers other resident cit'zens of the said city of Birmingham, applied, to-wit, during the month of Oc- tcber, 1911, to the said respondent, to fur nish them respectively, as subscribers, with it's telephone service in the said city of Birmingham, at the said existing rates shown in Exhibit A hereto, and the said respondent refused to furnish them it's said service unless they should agree to pay 1t the said excessive rates shown by said Exhibit B, and has refused, and still refuses, to furnish the said William l.. Dellheim and said divers other resident citizens of the said city of Birmingham | with it's said service. unless they should agree to pay on and after November 1, 1911. the said excessive rates shown in said Exhibit B, and they have been prevented and will continue to be prevent ed from obtaining the said service from the said respondent, unless this court shall order and restrain the said respondent from exacting from them. as condition precedent to furnishing such service, agreements to pay the said excessive and unreasonable charges shown by said Ex- h.bit B.
 "The said respondent has in force the rule and plan of requiring it's subscribers bv the month to pay their respective sub. scripticns for such service on or before the first day of each month, in advance for each months service. and Its rule and policy is that if the rates and charges fixed by it are not paid in advance. to take out the telephone or telephones of such subscriber not so paying, according to it's rule, and it refuses thenceforth to fulnisl. to such subscriber any telephone service wherefore. unless the said re- spondent be enjoined and restrained from so doing, the respondent will exact and require of it's existing patrons and sub scribers. as we'll as all other citizens of sa d city who may apply for such service payment in advance, as aforesaid, ac- ccrdine to the said excessive and extor- donate rates shown by Exhibit B; and unless such extortionate and unreason- able, payments are made in advance such subscribers will be refused and deprived by respondent Of the use of such public service of the said respondent and such subscribers will thereby suffer great in-
 
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