Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-04-10
A NOTABLE OPINION
[From the Philadelphia Press.


The recent opinion of Judge Kun
kel, of the Dauphin County Court,
denying the right of the President
and Postmaster General to set up
new and higher rates for private
telephone users in Pennsylvania has
not received the attention that it's
importance deserves. The Federal
Government under cover of its war
powers and war necessities has been
running amuck among the supposed
reserved rights of States, prostrating
them at it's pleasure.
We are now at peace practically
though official peace is still in the
future. Can the Federal Govern
ment, while waiting for the League
of Nations, employ some portion of
its leisure in raising private tele-
phone rates in Pennsylvania JUS
tiCe kunkel holds that it has no such
right and he has issued and has con-
tinued an injunction restraining the
Bell Telephone Company from charg-
ing rates for the use of its lines
within the State different from those
approved by the Commemorative
Public Service Commission.
The injunction, though nominally
against the Bell Telephone Com
pany, is really against Postmaster
General Burleson, under whose or
dcrs the company is acting. The
latter, in turn, was controlled by the
President of the United States, who.
on July %, 1918, directed that tele-
phone systems shall be controlled
and operated by the Postmaster
General so long and to such an
extent and in such manner as he
shall determine" This is stronger
than the act of Congress which en-
powers the President whenever he
shall deem it necessary for the ma
tonal security or defense to take.
possess and control telegraph, tele-
phone. radio and cable systems and
to operate them in such manner as
may be needfull or desirable for the
duration of the war"
The lighting is over, though the
end of the war still awaits the issu-
ance OF a Presidential proclamation
Peace came on the eleventh of No
vember last, and one month later.
on December 12, the Postmaster
General directed that Mr.. Jones
should pay more for talking over the
telephone with Mr.. Brown than
heretofore. Was that necessary for
the national security or defense .
No one can pretend that it was or
is and therefore it does not come
within the act of Congress. Post
master General Burleson exceeded
his powers in issuing this order and
has brought himself into conflict
with our State Public Service COM
mission. A Pennsylvania Court, at
the instance of the Attorney Gener-
al of this State. forbids the Federal
order to be carried out.
preme Court of the United States
for review, n Federal question of the
first magnitude. 1t bears on the
exercise of war power by the Presi-
dent and his subordinates and agents
and the use OF that power for pur-
poses that can have no relation to
the national defense. 1t is difficult
to deal with the President of the
United States, as he is the sole
Judge of his official discretion. If
he acts within his discretionary
pawers, his act cannot be challenged,
but if he goes beyond his powers
and attempts to do what he has no
right to do, then a Common Pleas
Court may enjoin him or the per-
son or corporation through which
his authority is exercised. This, at
least. is the view OF Judge Kunkel
and his Bell Telephone decision pro-
misses to be a leading case of the
very highest Importance.