Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-01-31
DAUPHIN COURT
ENJOINS PHONE
RATE INCREASE
Attorney General Schaffer
Presents Petition on
Behalf of State

The Dauphin county court yester-
day on petition of Attorney General
Schaffer issued a preliminary in
junction restraining the Bell Tele-
phone Company. of Pennsylvania,
from charging the increased tele-
phone rates ordered by the Federal
authorities. The hearing was fixed
for next Monday afternoon at 2
o'clock
: The petition of the state authori-
ties, which was presented by the
Attorney General in person and ac-
companied by affidavits from Public
Service Commissioners Ainey. Nc
Clure, Brecht, Alcorn and others,
averred that the Bell company had
not complied with the provisions
of the Public Service Company law
which requires filing of rates with
the commission and declared that
the fixing of rates is a state matter
entirely. Mr.. Schaffer appeared as
general counsel of the commission.
Governor Sproul having requested
him to act in the matter.
Both Judges Kunkel and McCar-
rell were on the bench and just be-
fore Mr.. Schaffer presented the petit
ton the new Attorney General and
First Deputy Attorney General Rob-
-ert S. Gawthrop and Deputy Attor-
neys General Emerson Collins, b. ].
Myers and William l.. Swoops were
formally admitted to the Dauphin
county bar on motion of Lieutenant
Governor Beidleman. Deputy Har-
gest and Counsel Berne II. Evans,
of the Public Service Commission,
who are members of the Dauphin
bar, were also present.
The petition presented by Mr..
Schaffer required almost fifteen
minutes to read. 1t set forth that
the company is a Pennsylvania cor
poration, organized and existing un-
der Pennsylvania laws; that it has
been ordered TO and. has filed rates
with the commission. among them
schedule effective June 81, 1917,
which can not be changed, or discon-
tinued by the company within three
years without approval of the COM
mission. 1t is then. set forth what
the company has done in the mat
ter of the new rates. complained of
by the state, which it is stated be-
came effective January 81.
Declared to Be i'll Excess
The Federal rates are declared in
excess of what the Bell was au-
thorized to charge by the state and
the petition AYERS that the COM
NIai
ed of is acting in violation of orders
| of the commission and that the
charges are illegal.
| Neither the defendant, nor the
| postmaster general, acting through
the officers and directors of the de-
fendant, is authorized by law to
lchange the tolls and charges deter
mined by said commission, except
with approval of the commission,
says the prayer, which declares that
'.the attempt to change said tolls
and charges above set forth is an
| impairment of the lawful police
regulations of this state. as ex-
pressed in the Public Service Com
pany law"
In the prayer it is asked that the
defendant company be enjoined
| from violating orders of the com
mission and from charging or col
| lecting the new rates until the COM
pany applies to the commission for
approval.
In answer to some questions from
the bench Mr.. Schaffer said the po-
| lice. powers of the state were never
delegated to the United States gov
ernment by any action in connection
with the telephone systems and are
in any event expressly reserved to
| the state. He said that he did not
know where the Federal authorities
got the right to increase the rates
| in this state and that the Bell was
Pennsylvania corporation.
Judge McCarrell asked If the gov
ernment had not taken over the prop
erty to which the Attorney General
replied that 1t had not, but was SUI
pervising and controlling it in the
/ functions of managing director.
1--WE will fix next Monday, Febru-
| ary 3, at o'clock as the time for
the hearing" said Judge Kunkel
The effect of the action is to re-
strai nthe Bell from charging the
new rates until the injunction pro-
ceedings is ended. The injunction
may be either made permanent or
! dissolved.