Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-06-03

there was authority Tor interfering
" It'll intrastate rates.
The court set aside South Dakota
SUPREME court DEGREES enjOining thu
dakota Central and three other tele-
phone companies from increasing intra
state toll rates in compliance with the
postmaster Generals order.
Federal court DEGREES permanently
restraining the postmaster generate
from charging increased telegraph
rates IN Illinois were dis5oEed by Tie
court.
Judge Brandeis gave dissenting OPP
inion. Massachusetts DEGREES dis
missing the state public service IN
junction were affirmed and original |
proceedings brought by Kansas were
dismissed.
Authority of the postmaster gener-
al to increase interstate telephone ana
telegraph rates as decided today by
the supreme court was involved in
proceedings brought from South
Dakota, Massachusetts, Kansas,
and Illinois and argued here on
May and G. All grew out of Mr. !
Burleson's order placed in effect on
January q last under authority Of
the joint resolution by which theI
wire systems. increasing telephone in
trastate toll rates with the exception
of the Illinois case which involved in
creased telegraph rates only.
Many Briefs Filed.
Arguments of the cases in the su-
preme court attracted wide attonuonI
! and attorneys general from a score of
states were present while briefs as
| amici curiae were filed by the Ma
! tional Association of Railroad ana
| Public trtility. commissioners repre-
! senting thirty seven states as we'll as
| by the states of Wisconsin, Pennsyl-
wanna and Ohio and also by the Pro-
| tective Association of Baltimore, Md.
The South Dakota case resulted
| from injulctions granted by the
state supreme court restraining the
! Dakota Central Telephone company
as well as three other companies in
that state from charging rates pro-
mulgated by Mr. Burieson. The pro-
| ceedings we're instituted by the state
| authorities and the state court IN
granting the iniunCtions held that the
| rates were Illegal as they had not
been approved by the state board OF
| railroad commissioners representing
Il Ihirty-seVen states as we'll as by the
states of Wisconsin, PENNSYLVANIA ana
Ohio and also by the Protective Tele-
/ phone association of Baltimore, Md.
The South Dakota case resulted
from injunctions granted by the state
| supreme court restraining the Dakota
central Iclephole company 40 "ot o.
three other companies III ma go ~,
from charging rates ploil y, I5'.
Mr., bufieSoh, Inc loce s,lit,, w., !
instituted py the state au'Ilo l'ie9 u'l'
the state court IN granting the l 9J,l,
tlohs held thaI the iale' "el9 r.
as they had tot peeH Iu w 49,,
state boafu OF ram oj'u
Inc government WoH ti'e 'l a",,"t liz.
Setts case IN "h''h ll'p So -, ~
ihlSseu IhJuncIloit
ny the state puba.C SCI ~ ,I,aIo
10 RESTRAIN tne NtW rus ''i,u 80.
puohe anu iele5i aPll I'm th -,
ing me oluet mo eIloo', s 80 ,v.,,
f hoIolns tllat 1Iie SuI. ~ on,,o,r,,,cn'
against liiG 'i. ii', 1''' ~. oneart |,
| anu plousnI ",.''o 49, Nv ,,,Issio,, als,
, that case, the state coI'illSoloIl "lS'
cohtehded that me rates WIZ aTsea
as they hau peeH Pidoeu III - =,
without 'he col.Ii'iisS.ot' . app
4 required by STATE Statu .se
Is ahsas Ease Dllcrch'; .ee,,o,,
e. Inc huilSdS oa3s " 70" 10, 49, nrie
from the others VI lilaa =. "a' t H. st,
MAJ proceeding piUu,,t 49,, - ,nstr,as
pfeme court TO reS'i dln tho po '', ~,
ter general from carlSins ou'
provisions OF ms oIuel III t''1t 80 -
ON the GROUNDS that tlle !ate' nau ~
been approved Wy t'e Sc 49, nc,
Ties as PROVIDED ny idW On" '''''' '''N
were illegal ana eHolplldh'' =.
me limos proceeuiilsa 49, - G ,e
hally instituted Wy o9 .a ,.os,,ai
eral BurleSoI, VINO sous"' t ~
state authorizes run 80, ~
with the enforcement " lt,n VI a. to -,
creasihg telesraph toI l",vS, tah I,'
porary injunction was + ~ ,,,orjt,
Wheh the case came up otI 40 Ale
Federal District JuuBe l.diio'' VS.
solved the injunction ana llslGdu or
joined the posli''a9'er ~ - a,,,l
placing ms ofuer ~ elluI'' 49, -, -, =
an appeal Judge I'dHuiS b ai..eu -,
order continuing TOT zen 10y :ss,,o i,
temporary injunction !e,.iSai
awarded Mr., Burlesoh ana "iIiii t.l
enforcement OF ms own 'HJu iiotao
during that time put upon ti'e eo.'l,
ments motion, the SUPP enc Coui. ~
tended this order so as 70 permit " "
postal authorizes TO continue w " =,
lect the higher rates peliN'"s ii''''i ~
termination OF thlS cast f
In arguing these cases attoi y.
representing the states coii'e''u'
that congress had no INTENTION