Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1911-12-28
CITY WINNER IN
TELEPHONE CASE
Injunction Against Pro-
posed Rate Raise Perpet-
uated By Court
SPECIAL JUDGES RULE
HOLD APPELLANT WAS non AU-
THORIZED To MAKE IN
CREASE AND RESTRAIN
ING WRIT PROPER.

The special judges named by Gov.
ernor o. b. Colquitt, upon certifica-
tion of the justices of the Seventh
Supreme Judicial district OF disqual-
ifcation to try the case OF the Pan
handle Telegraph & Telephone COM
pany versus the City OF Amarillo. as
to whether an Injunction granted
temporarily by Judge Frank T. Cree
YER OF the Thirty-first judicial dis
trict, against the Panhandle Tele-
phone a Telegraph company, re-
straining the collection of an increase
of 25 cents pdr phone. to be collect.
ed and applied to the use and bene-
fit of the said company. should be
perpetuated or dissolved. decided in
favor OF the former course.
The telephone people held that
they are now operating more than
1890 phones. and that under the con-
ditions of their franchise, they have
the right to advance uniformly on
all phones % cents each. The city
held that the telephone company has
not the number OF phones. as con-
templated by the ordinance. to war
rant the increase. This contention
assumed form OF injunction proceed
ings and Judge Browning having GER
titled his disqualification. Judge
Greever was engaged for the hearing
and granted the restraining order. as
indicated. The order granted by
Judge Greever temporarily provided
that subscribers Shall he required
during pendencv ofiltigailon to pay
the advance OF % cents. but that the
same shall accrue to the benefit of
the telephone company, brt shall be
held as a trust fund during such PEN
dency, as indicated by the clerk of
the Forty-seventh Judicial district.
hy the collectors for the telephone
people, from month TO month until
final settlement shall be made.
The appellate court of which b. ".
Baker was chief justice. in ending its
decision uses the following language.
We find that there were not 1900
telephones in operation In the city OF
Amarillo at the time appellee charges
appellant with intending to Increase
rates for service This being true.
We hold that appellant was not au-
thorized to increase rates for service
and therefore the action OF the dis
trict judge in granting the writ OF
injunction was proper and his order
ought to be sustained. ana we ac-
cordincly direct the proper Judgment
to that effect. II is not necessary
that this court should express any
view concerning the telephones In
the Amarillo Hotel and the other
telephones mentioned in the petition
for injunction
Nor do We pass upon the right of
the city of Nmarllo TO maintain tho
action, nor upon the validity OF the
two city ordinances. which upon their
acceptance by the telephone company
Iappear 10 have constituted a contrart
between the city and the company,
based upon sufficient conside-a-
ton for appellant has conceded that
those questions should be determined
IN favor OF the appellee.
n VI. BAKER.
Special Associate Justice"
For the reason that appellant has
conceded that the city has the light
20 maintain this suit, in effect admit.
ting the validity of the ordinance
regulating the rates. I agree to the