The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-08-13
PUBLIC DISCUSSION
NEUTRALITY-SUSPICIOUS.
) Mr.. LIVINGSTON WRITES
, ABOUT TELEPHONE RATES.


-
To The News scimitar;
In your issue Of last Saturday ap-
peared an article under the heading
why Did City Lie Down on August
Telephone Accounts7" In which you
state that the public would like to know
why the city, either in It's own nam
or acting for Individual subscribers, did
not go into court and enjoin the tele-
phone company from collecting the In
creased rates for August. Substantial
ly the same inquiry Is made In an ed
itorlAl published Of Monday.
The course pursued by the city In this
matter has been pom my advice, hence
l a not with fairness to the board Of
commissioners fail to assume RESPONSE
hility, even, though | nay invite sriti-
cism Of myself, Ordinarily the city at
torney does not decide questions Of pol
lar matter the advisabillty of bringing
suit depended directly upon the legal
questions involved. In passing upon
the matter, ] took into consideration the
following:
Some days ago the representatives OF
the two telephone companies suggested
a consolidation, conditioned upon an In
crease In the rates of the Cumberland
company, which proposed to absorb the
Memphis company, The board Of COM
missioners had these representatives
present their proposition at a public
meeting. inviting all persons interested
cusslcn and investigation. OF the few
present no one indicated any interest
except Mr.. Ike Block, who made cer-
tain very pertinent inquiries, and has
since written a letter to the board of
commissioners with further helpful sug-
gestlone, He and others since have ad-
aJIaAA ma TIA aAV,Natauinn ahA,tld MT
act hastily, but only after careful In
v~estigation. and the matter now re-
mains under consideration.
When the proposition was first made,
seeing the approach Of the time for pay
ment OF August bills. I hoped the par
ties might reach an agreement or defi-
nitely decide that they could not agree
before these bills were due, so that we
might know whether litigation would
be necessary. But II later became APP
parent that this could not be done, since
the confederation Of the proposed ar
rangement should not be hurried merely
because of the rates for this one month,
that respect could be protected, Upon Its
face the proposed consolidation seemed
advantageous TO the public, because II
will eliminate In, many instances the
double expense OF two telephones, and
may also have some effect toward bet
l ttIllk inc UGTNLtd, WHlCHN VI CVuFHSR tc
the most important thing. 1t therefore
seemed unwise to litigation
which might ultimately turn out TO
have been unnecessary. and which
would also tend to prevent the %consoli-
dalton, unless such litigation should be
necessary. and reasonably certain tc
accomplish the best result.
In considering the practical results to
be accomplished by litigation the fol-
lowing matters were material. First, the
order Of the utilities commission made
on June 10 Ia by no means determinat.
i've, II merely provided that the com
mission did not recognize the govern
ment rate, except insofar as made ef-
feetive by federal authority. The com
missions minute entry further stated
that the schedule OF rates had not beer
filed according TO the laws Of Tennes
see. Since then congress has passed al
act providing for n continuance OF thu
government rates for four months aftel
July 81, unless modified by local au'
thorities Gin this case probably tn
utilities commission.) This seems Il
require a further affirmative order from
the commission to restore the old rates
although l do not concede this. TIL
filed a new petition asking that tn
government rates be continued for on
year after expiration Of the fou
months. The commission has deter
mined to hear no cases until Sept. ?, s
it Is not likely that they would hav
entered any order before Aug. 10, eve
upon a hearing they should hav
thought an order suspending the ne,
rates proper In view OF the act OF con
+ gress passed since their former minut
entry. Possibly they would have mere
ly provided that the Cumberland com
pany should agree to make a refunt
r II the government a should be foun
| ANnAGaivA affAr d Inn hAnFtnn Thar