The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1917-11-08
TELEPHONE RIVALS
Cannot MERGE
Constitutional Provision On Tel.
egraph Lines Applied by
P. sc. as by Courts.
RILLING OPINION DISsENTS
Commissioner Holds as There Weren't
Any at Time, New Law Should
Regulate-Holds That Consti-
tuition Applied Only to
Telegraph Companies.

Harrisburg.
Notwithstanding that it found that
the operation of the Cochrantan Tele
phone and the Merchants and Farm
ers' Telephone companies, which have
lines in Crawford, Mercer and other
counties in Northwestern Pennsylva
mia, as competing companies, is un
economic and wasteful, the Public
Service commission, in q decision just
made public, refuses to sanction q
merger of the companies, because
both were incorporated under the gen
eral incorporation act, which was en-
acted the year after the present con
stitution was framed and under which
consolidation of telegraph companies
is forbidden. The commission finds
that the telephone companies belong
under the classification Of telegraph
companies in the organic law of more
than forty years ago, and refers In
the decision to the fact that the tele
phone was unknown when the consti
luton was adopted.
The companies applied for approval
of merger, and the decision states
that 1t has been ascertained that they
have competing lines, but that the op
Grafton of the lines results in a du
plication of service and facilities which
places burden upon the public" and
prevents the companies from making
extensions necessary to afford ade
quate service. The decision says that
II the question of improvement Of the
service and benefits to the public was
the only one, It would "unhesitatingly
approve the application filed. However
the courts have held and the Legisla
ture has followed the ruling. that the
act authorizing formation of telegraph
companies included telephone compa'
nies, so that the commission must fol
low the constitutional prohibition OF
mergers of telegraph companies. II II
were not for this constitutional pro
vision we would hold that the public
service company law has repealed
those provisions of various acts Of as
sembly which prohibit the consolida
tion of telephone companies owning,
operating or controlling competing
lines"
Commissioner Killing has filed dis
senting opinion, containing forty-two
points, in which he holds that the con-
stitutional prohibition applied only to
telegraph compares and that ut Ia a
well established rule of constitutional
and statutory construction that the
words used must be given that mean
ing which they had at the time of the
adoption of the Constitution or enact.
ment OF the statute" He says when
the Constitution was framed there was
no telephone, and that the trainers OF
the Constitution did not mean any
thing that was non-existent, while
when the telephone was invented and
It became necessary to organize tele'
phone companies, and there was no
law on the books for incorporation,
"the courts by latitudinous power
exercised In rare cases." held that for
the purposes Of incorporation, tele'
phone and telegraph companies might
be included as in the same general
class. He also holds that the public
service company law has repealed for
mer statutes, and that the commission
has authority to approve telephone
merger which would result In more
adequate service at more reasonable
rates"
Work Is Found for 2,416.
The bureau of employment of the
department of labor and industry
placed 2,416 persons at work in Sep
tember through its offices at Harris
burg, Philadelphia, Pittsburgh, Johns
town and Altoona. Employers asked
the bureau for S,642 workers last
month, while applications for positions
were received from 297S persons. Oh
that number 2,576 were referred to po
sitions for which they were considered
suitable.
COmnllSSlOHeI JdChooh Sdiu th't 'h'
records OF the bureau indicate an un
interrupted continuance of the heavy
demands for ordinary laborers In vir
tually all sections Of the state. De
mands also are great for skilled ma
chinists and foundrymen. In the east
ern part of the state heavy demand
for shipyard labor prevails, including
riveters, calkers. heaters, erectors ant
similar mechanics. Skilled men are
preferred for such work, but numbers
of plants are instructing unskilled men
War requirements have caused an un
usual demand for carpenters In con
struction work and for factory work
ers, especially in the garment trades
and production of supplies.