The central record. (Lancaster, Ky.) 18??-current, 1916-05-04
TELEPHONE COM.
PANY LOSES
SUIT.
MUST FURNISH SERVICE AT
THE OLD RATE.

The telephone controversy which has
been disturbing the people of Lancas-
ter for some time has been temporarily
settled. The Basin Telephone Com
pany some weeks ago notified the sub
scribers that it would raise the rates
in the city of Lancaster from one dol
lar per month for phone service to 81. so
for residence and $500 for business
phones. At the mass meeting recently
held by the citizens of the community
and subscribers il was decided to resist
the collection of the proposed raise and
the Basin Telephone Company had de-
clined to give service to those who re-
fused payment. causing a good deal Of
annoyance. At later mass meeting it
was decided to bring an injunction suit
against the telephone company to CON-
pei it to give service to the people who
offered to pay the old rate Of one dol.
lar. At this mass meeting Messrs G.
b. Swinebroad. II. c. Kaufman, G. C..
Walker and }. L. Robinson rendered to
the people of the community their ser
vices in handling this litigation free Of
any fee. About fifty citizens signed q
paper authorizing the use of their
names as plaintiffs in this injunction
suit. Suit was promptly filed after the
mass meeting last week and notice was
gwen to the Telephone Company that
application for an injunction would be
made before Judge Hardin in Harrods-
burg. on Monday. to compel the Com
pany to reconnect those subscribers
who had been denied service and to re-
strain the Company from further dis
connecting the patrons. Upon the
hearing of the case. which was argued
by j. Z. Robinson, G. b. Swinebroso
and II. c. Kaufman for the people and
l.. l.. Walker for the Telephone Com
pany, Judge Hardin decided that the
Telephone Company had no franchise
by which it had right to maintain its
business in the town, but was upon the
streets by voidable contract, which
licensed il to conduct its business in
the town. but which contract could be
terminated at any time by either party
by giving reasonable notice to the Other
but as long as The Basin Telephone
Company occupied the streets it would
be required to give service at the rate
of one dollar per month to all sub
scribers who desired the service, and
by judgement directed The Telephone
Company to reconnect the subscribers
to whom service had been refused and
ordered the Company not to disconnect
any other subscribers on account of the
refusal to pay the advance rates.
The plaintiffs in the case were G. NJ.
Lyons, Dave Sanders. j. X. Mount. J..
+. Holtzclaw ard J. w. Smith. suing
for themselves and other citizens Of
the town. Bond was required of the
plaintiffs in the sum of one thousand
dollars. which will be executed by about
fifty citizens Of the community. The
case will likely be taken to the Court
Of Appeals by the Telephone Company.
This is considered AS a great legal
victory by those who do not feel that
the proposed raise in rates are justified
under the circumstances, and further
that the Telephone Company must
either cease to do business in the city,
or contract with the citizens and Coun-
cil for telephone franchise upon a
basis which will be reasonable to the
people as well as to the Telephone Com
pany.
The Council can not satisfactorily
dispose Of the telephone franchise while
the Telephone Company is upon the
streets doing business under the con-
tention that it is here as a matter of
right. for by so doing result in two
telephone systems which the people do
not desire. 1t seems now that the tele-
phone question must be settled in the
Courts and the winning Of this suit is
construed as giving the people decided
advantage over the Telephone Co.