South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-01-21
HAS TELEPHONE
COMPANY RIGHT
To HIGHER TOLLS
Lawyers Discuss Question as to
Whether Reduction of Dis
count Should Be Passed on
BY Utility Commission.


nouHced by the company TO take ef-
feet Feb. I. may be submitted To the
public service commission Of Indiana
If sentiment expressed among many
phone users crystallizes.
IT is rumored on the other hand
that If the matter does go up TO the
commission that the Bell company's s
IL Is pointed out that the an
nOunced increase Of charges has
raised a serious question involving
he construction Of the public ser
vice act passed by the last legisla
ture and in a measure determining
the efficiency OF this.
Lawyers who have expressed the
opinion that the action is in effect
an increase in the charge for service,
although brought about by a reduC-
ton OF discounts, take the stand that
the phone company must proceed as
required in the public service act II
they make the raise. This act re-
auires that the company give 30
days notice 90 the commission and
gain it's approval for the change
rates.
Not a Rate Raise.
The company relies on the PROPOSE
tiOn that the recent action is not an
increas, in rates. but action under an
express contract and therefore not
within the purvicw Of the section Of
the law requiring approval Of the
commission.
The question hinges largely on how
these sections Of the public utilities
law are construed;
(Sec. Al, PIP. $50, Acts 1913
Every public utility shall file with
the commission within time
fixed by the commission. Schcd-
uleS which shall be open TO pub
a. fnsnpefinn ehnxVinW "a rafpS
tolls and charges which il has
established and which are en-
forced at tire time for any SER
vice performed by it within the
St@te, or for any service I'm con-
nectiOn Herewith. or performed
by any public utility controlled
or operated by it. The rates,
tolls and charges shown on such
schedules shall not exceed, with
out the consent OF the commits
sion, the rates. tolls and charges
IN force Jan 4, 1913.
(Sec. 45)-NO change shall
thereafter be made in any sched-
use. including schedules of joint
rates, except on 30 days notice
to the commission and approval
by the commission. and all such
changes shall be plainly indicat-
ed upon existing schedules or by
filling new schedules i'm lieu
the same are To- take effect.
Tho law also requires that all rules
and regulations which in any way af-
feet the rates charged must also be
fled with the commission.
chief question 20 be decided is
whether a corporation can change
the operation Of the law by means of
"a contract. II the proposed action of
the company is construed as a change
IN either the rates. tolls or charges
in force Jan. L. 1913, the public ser
vice act requires that il first he sub
mitted to the commission, IN the
opinion Of some attorneys who have
considered the subject.
The act provides that matters of
this sort may be brought before the
commission by a municipal corpora
tiOn or by ten persons, firms, corpora
tiOns or associations.
Complaint i'm Letter.
The following lcster was received at
the Nevs-Times TUESDAY, anent the
announcement of the charge i'm dis
count:
South Bend. Ind. Jan. 10. 1914.
Editor News-Times.
Dear Sir;--We have just received
notice that the Central Union Tele-
phone company are getting hungry
again and so they propose to raise the
rates for phones on Feb. /. IA.
They say they now have over 5000
phones and therefore they want 40I
cents each from us for each month
forever. The question IS how do we
know they have 5000 users2 Where
and how did they get them Are
they OF any advantage 10 a business
firm I'm this city? Haven't the sub
scribers any right 10 know whether
this company really have the number
claimed. or do we simply have to put
up and look pleasant?
Mr. Editor. I don't know all about
these things. but II looks like a big
hun, out this way. Just now, when
everything Is In miN-up: labor idle,
stores doing no business and factories
running very light. seems poor time
Ia boost phone prices
Let us have a committee who may
look over these phone users and tell
us IL they are real Tell uS If this
company has the right co make ms
pay them $500 more for service on
The first OF February than we did i'm
January. This matter touches 5000
II rs for 40C each and would be in-
teresting 20 that number ut least
please look il up and let us hear
from you.
Respectfully.
BEN PRYOR.
In reply 90 the question whether the
company owns 5000 phones in the
city j.. u. Bonds. general manager. /
said the books were open 90 any one
who desired 90 investiSate We are
open and above board iu this matter
ant are ready To show any one the
cost OF Keeping up the service"
He then explained the cost OF the
rural service. Ten phones OU party
line" ~ said bring m Sl1.30 in |
tolls. IL costs SIS To repair one case
of trouble in the rural district Two [
cases OF trouble and we have Sl.30I
left. IL there are three cnses Of trou
bic or Eore YOU can see where we
come out"
CURED CORN ANYHOW.
CHARLESTON. W. Va Jan Eli