The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-06-02
Supreme Court UphOlds Purle-
sons Increase Order.
Original Proceedings by Kan
Sas Are Dismissed.
AUTHORITY is RECOGNIZED
p. G. Had Right To Raise Tele-
graph-Telephone Tolls.
Kansas Claimed Rates Were IL
legal and ExOrbitant.

Washington, June 2-Increased
telephone and telegraph rates put into
effect last January 21, under an order
of Postmaster General Burleson, were
upheld today by the supreme court.
The court held that under the joint
resolution by which the wire systems
were taken over by the government
there was authority for interfering
with the intrastate rates.
The court set aside South Dakota
supreme court DEGREES, enjoining the
Dakota Central and three other tele-
phone companies from increasing in
trastate toll rates in compliance with
the postmaster generals order.
Federal court DEGREES permanently
restraining the postmaster general
! from charging increased telegraph
rates in Illinois were dissolved by the
court.
The opinion in all of the wire cases
was unanimous. Massachusetts de-
crees dismissing the state public serv-
ice injunction were affairmed and
original proceedings brought by Kan
sas were dismissed.
History of Case.
Authority of the postmaster general
to increase intrastate telephone and
telegraph rates as decided today by
the supreme court was involved in
proceedings brought from South Da-
kota, Massachusetts, Kansas and Illi-
nois and argued here on May and
6. All grew out of Mr.. Burleson's or
der placed in effect on January 81
last under authority of the joint res
olution by which the government ac-
quired control of the wire systems, in
creasing telephone intrastate toll rates
with the exception of the Illinois case.
which involved increased telegraph
rates only.
Arguments of the cases in the su-
a afe Cd xrri1 10 ,ff
and attorneys general from a score of
states were present while briefs as
amici curiae were filed by the Nation
al Association of Railroad and Public
Utility Commissioners representing
thirty-seven states as well as by the
states of Wisconsin, Pennsylvania and
Ohio and also by the Protective Tele-
phone association of Baltimore, Nd.
The Kansas case was different from
the others in that it was an original
proceeding brought in the supreme
court to restrain the postmaster gen.
eral form carrying out the provisions
of his order in that state on the
grounds that the rates had not been
approved by the state authorities as
provided by law and that they were il
/ legal and eXorbitant.
Said Burleson Exceeded Authority.
In arguing these cases, attorneys
! representing the states contended that
COlS I6SS Hdu no intention OIL
| the government power to fix intra-
state rates, that Mr.. Burleson had eX-
ceeded his authority in doing SO and if
the joint resolution was interpreted
as granting this power it was uncOn-
stitutional. They also contended the
! interstate commerce commission has
power to determine telephone rates
| but it has never exercised it, which
they claimed was in effect recognition
| by it of the states right to control
| wire tariffs.
Today's opinion was regarded as be-
! ing of sweeping Importance in view
| of the fact that suits involving SINH
/ lar questions have been instituted in
| about twenty-five states with the re-
suit that in South Dakota, Florida
Indiana, Illinois, Minnesota, Missouri
! Nebraska, Ohio, Pennsylvania, New
York and Michigan decisions against
| the government have been rendered
| in the state courts, while in the fed
eral courts in Florida, Indiana, New
Jersey, Wisconsin and North Dakota
as well as in the state courts of Ala
| bama, Louisiana, MaSSa achusettS an6
/ Oklahoma, the right of the postmas-
ter general to fix rates has been sus-
| tanned In addition. litigations have
| also been instituted in other states
! among them being Kansas. Georgia
, MiSsiSSiDpi, Texas and California