The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1919-03-25
RATE
CASE IS WON
BY COMPANY
Supreme Court DiSSOIves
District Court Injunction, .-
STATE TO KEEP UP FIGHT
Charter Revocation Now 10
Be Pushed With Vigor. !

The Southwestern Bell Telephone
company today won lis fight IN the
courts to charge alleged excessive
rates for service promulgated by
Postmaster General Burlcson, when
the supreme court dissolved the okla
homa county district court Injunction
restraining the telephone company
from charging rates other than those
fixed by the corporation commission,
But the fight for state control OF
The telephone companies is not over
Members OF the senate. who are back
ing the house resolution TO revoke the
charter OF the Bdl company for re-
fusing TO follow the state rate sched-
ule, declared this morning that the
courts decision will not influence
their course. and that they will pro-
eeed with their efforts to put II
through the senate.
Humphrey Determined.
This does no, end the fight for
state control and regulation of the
telephone companies" said w. ID.
Humphrey chairman Of the corpora.
ton commission when told OF the rul,
ing OF the court.
I'VE will proceed along some other
line III an effort to get the desired
relief. Il become, more important
now Than ever before Tor the senate "a
pass the resolution TO revoke the
charter OF the company. II the sen.
ate does this am sure We, will bs
able to establish our state rates II
this resolution TO revoke the charter
has no iorce and effect and will not
Correct the situation, then | want
someone to tell me why the telephone
company is using all Of the influence
at its command to kill it am sur
priscd that Governor Robertson saw
III to take stand in opposition to
this measure"
Disney TO Fight.
"t will not abandon the fight for the
resolution" said Representative Dis
ney, OF Muskogee county, author OF
the charter revocation resolution. At
,orney General Freezing would not
talk for publication.
The court. speaking through Justice
Owen, held that in controlling tele-
phone companies and prescribing
state rates. the postmaster general
was not subject to control, and that
the suit instituted by the attorney
general was in effect a suit 10 control
the acts of the postmaster general. e
Courts Position.
An Injunction against the collec-
tip Of telephone rates. prescribed by
the postmaster general and payable to
him for services rendered BY a tele-
phone system in his possession and
under his control and used for the
public benefit and welfare as an in
Strunentality OF war under congress
Slonal resolution and proclamation OF
the president OF the United States,
cannot be granted in action agains,
the agents OF the postmaster general.
carrying out his orders in the opera
tion OF such system, as they have nu
individual interest in the controversy,
but the relief in fact is asked against
the postmaster general" says Justice
Owen.
Continuing Justice Owen says:
In an action for injunction where
the effect of the decree would be TO
control the actioh of the postmaster
gtneral IN the operation of a telephone
system, in his possession and opera
ton as a goyernmen, agency for the
public benefit and welfare in tie ci
war, the postmaster general I, IN in
dispensable party, his agents through
whom he directs the operation hsy-
ing no individual interest and being
without authority TO grant the reiiel
asked for