The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1919-05-03
GOVERNMENT DEFENDS
BURLESON TOLL RATE
u.,,f I. IrIcd with supreme Court
uoIdtng That Right Exists
10 F,S All Charges
DISMISSAL OF SUIT ASKED
,..,,o,,io, Made That states Have
no Iuwcr to Bring Action Agnins'
United States.

uAeuINGTON. MAY . Increase
-, ,nicrnstate telephone toll rates
p, the postmaster general was nc'
,.o,,d In Il hrieF filed by the govern
mcnt today In the supreme court N
connection with pending appeal
,,o,, south Dakota and Mhssa'hh
.,,,, courts The state authorities
b, their appeals have contended the
,,,rcase was an undue interference
with rhcir police powers, Arguments
-, ,c proceedings will be heard
noNt MonUy -. ,-,., ,o
,g.y,s The suits instituted 10y the
so,,,b Dakota and Massachusetts
,Ythoriiie, to restrain the post
m,,ter general from increasing the
r,t,s wer in reality brought
agaip., the United states without ils
'npseri and should be dismissed
rhc government also contends that
III, tnkinr over control OF the tele-
rropc systems OF the country the
,re,Ideut placed them IN the hands
= n, the postmaster genera as his
rrrrescntatiNc. under the broad
rnNcr given him by the resolution Ia
manage as hc saw 1T. and they mus
worc in effect added TO the postal
service and became. as much "A part
~ the means OF conveying news or
communication as the mail.
Regulation Defended.
uThc regulation OF rates the
h~laf said. "as an exercise OF power
Is the assertion OF a right to control
a priyate business affected with a
public interest and subject To pub
iir use. so as to subject the private
nrnpcrtv to tie public service upon
Inc payment of Just compensation.
ro this end. in order that the private
right may not be asserted TO eStort
undue compepEation for use. the
mower Is exercised to regulate the
price for use lust as it might be
10 regulate the price for the property
Itself II the fee was being taken
The government brief. prepared
nv Solicitor General King, denies
that sthc police powers are i'm
paired or affected by not submit
Ting The rates fixed by the officers
OF the United states to state CON
troll" because not only the police
regulations Of the state do not al
feet rates made by the government
itself. hut the police power does not
extend to such "A subject.
The public tho brief adds. has
acted and fixed the rate when the
puhHc officers of the United SiateN
fixed It.
Powers Extended.
ut seems clear that II congress had
intended to confer upon the states
the mower 10 regulate the rates ht
which the United states will furnish
telephone service, II would not have
crnrrsscd that intention by II
reservation to the states OF their
police regulations.
when private corporation
leases. II IL certainly with the cx-
pectation Of making enough from
its operations To pay for rental ana
even profit 10 Itself II was there
fore 10 he supposed that the govern
ment would expect to charge In the
operations OF these properties SUI
ficient rates to pay for the increas-
ing expenses OF operation and dis.
charge the rental which II was 70
pay II Suld have been legitimate
to have even contemplated some ad-
ditional sum TO reimburse the gov
ernmcnt for the time OF public OF
flcers consumed in this work
The government contends that
state public utilities commissioning
we're never authorized when created
hy the states nor since to deal WIN
the rates Of public Utilities operated
by governmental age ncits.