The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-09-04

~A-
whether or not the people OF Mem
phis have any rights that the members
OF the city administration are bound to
respect is the question now before the
voters of the city in the petitions which
are being circulated demanding a refer
endum vote on the franchise rate con-
tract rushed through by vote of the
city commission at the behest of Off
cisls of the Cumberland Telephone and
Telegraph company.
fhat the mayor has 10 idea of stand
ing by the pledge Of the platform
quoted above, upon which he and Com
missioners Mason and Miller were elect :
ed last year, has been proven by their
actions. not alone in the matter Of the
telephone rate contract, but by several
other instances.
II therefore has come to the point
where the people themselves must de-
irsna ns snsis rlghds and insist upon hay
The provisions OF the city charter are
pialn on the question OF matters af-
fecting franchises of public utility com
panies The law is found in the amend
ments TO the city. charter passed in
charter act Of 1909.
SuDterfuge Attempted.
The mayor and the three commits
sioners who voted with him on the tele
phone rate contract, probably figured
that they were getting around that
provision allowing the people to vote
on such measures, by terming the new
contract a resolution" and passing II
hurriedly, without any publication That
they will take that stand when the ref
erendum petitions now being circulated
are presented to them, is Indicated in
an article published Thursday by a
newspaper which has shown great
friendship for the present city admin
istration and the public utility corpora
tins since the city administration got
Ia 3 the corporation band wagon.
Therein, 1t Is intimated, possibly al
the suggestion of the gentlemen at the
city hall, that the telephone referendum
demands may be taken into the courts
In other words it appears that the city
cause OF the public utility corporations
proposes to stand by them by every
possible method, no matter what the
people of Memphis, may demand.
In that case, the courts may have tc
decide the matter. But that is still 9
matter for the future to determine
The question now at issue is the de-
mand of the people who are signing the
petitions asking that the city admins.
tration, call an election and submit the
franchise contract to vote, as pro.
vided in the city charter.
Complete Surrender.
The fact that the contract resolution
was prepared and voted upon by the
city commission without any of its pro
visions being made public, and that i
was not even passed at the regular hou
for, the city commission meeting, bu
two hours later, seems to indicate con
clusively that the city administration
sought to forestall just such action al
has been taken, the circulation of tn,
petitions demanding vote on the ques
ton.
termined to ignore the interests of tn,
people was also shown sufficiently b,
the fact that although the telepbon
company voluntarily reduced the wa
rate on June bills for local service OIL
the threat of legal proceedings, ant
could have been made to reduce th'
rate for the following four months
under the order Of the state public util
titles commission, not one step In tina
direction was taken, although the cit,
attorney stood ready to appeal to tn
state utilities commission at any tim
If directed by the city commission t
do SO,
The state utilities commission, in al
order formally entered on JUNG II, said
R'course Was Easy.
This commission pursuant to tn,
opinion of the attorney general of Ten
nessee, refuses to in any way recogniz
the legality Of these changes made Il
the local rates Of the Cumberland Tele
phone and Telegraph company at Mem
phis, Tenn. as reasonable, or just, o
lawful, except as they are sustaine
by the federal authority in the exer
else of its war power"
The state public utilities commissio
therefore stood ready at any time tina
application has been made by official
war rates cancelled and the old contrac
rates to be continued in effect.
But the people of Memphis could onl
act through their representatives, tn
members Of the city commission, an
those representatives preferred tn
friendship Of the public utility corpora
tons to the rights of the people an
took no action.
Therefore, the people must help them
selves II the Cumberland company
which is a part of the great America
81 Bell system. which controls most of tn
IA United States, is to be prevented fror
collecting annually, until the close I
+ 1921. at least 100000 more from IL
subscribers in Memphis than 1t coul
under the old contract rates
The war is over, and has been owe
for 10 months or more, but Memphi
Iss paying war rates for its telephon
service, and must continue to pay ther
8nless 500 or more freeholders sign tn
Setitien now being circulated demandin
ne right to vote on the contract an
{{nIess after that Is done, the city ad
Z 1hinistration is forced to carry out thes
II aemands.
The question is squarely up to tn