Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-04-08
Schdffer'S Victory For State
[Philadelphia Bulletinl


The decision by which Judge Kun
kel has continued the preliminary in
junction in favor of the Common
wealth against the Bell Telephone
Company, or rather. in effect and
substance, against the Postmaster
General of the United States as ad-
ministrator of the companys serV-
ice. is one of the most important
judicial opinions that has been de-
livered for many years on the rela-
tions of Pennsylvania as a State to
the National Government.
The suit has yet to be decided on
final hearing, but the principles
which Judge Kunkeb has affirmed
seem virtually to reach already the
essential questions which are in
volved in this unusually significant
case.
The full text of the opinion shows
that it is based OH broader ground
than appeared to be given in tie
first report of 1t, and that the rights
of this State, as challenged by the
authorities at Washington, are al
together likely to be vindicated fully
in the further proceedings before
the court.
Judge Kunkel holds that Congress
could not confer powers upon the
President which are not related to
the actual conduct and prosecution
of the war, and that therefore the
acts of the Postmaster-G General in
raising rates were illegal, not being
connected with a war purpose or
with military necessities of the Ma
ton.
A proper disposition has also been
made of the specious, and rather
mischievous, contention that the
courts injunction against the ad-
vance in the telephone rates could
not be made effective because it
was argued, the President of the
United States cannot be enjoined.
Judge Kunkel insists that even if
the President, because of his office,
may not be subject to injunction,
there is no reason why those who
assist him in questionable or illegal
acts snould not be prevented from
doing so if they are amenable to the
pl ocesses of the court. When they
changed the tolls of the Bell Tele-
phone Company in Pennsylvania in
entire indifference to the authority
of our Public Service Commission in
such matters. they were violating
the rights of this State. Judge Kun
kel clearly calls a halt on what we
may call a gross usurpation of the
authority of Pennsylvania when he
says that
THE conclusion follows that
neither the President nor the
Postmaster-Ge General was acting
officially in changing the rates
and tolls, but they acted beyond
the scope of their powers. In
such case they are open to in
reference and prevention so far
as lies in the power of the
State courts, especially in the
present case where their act
amounts to a disregard of the
Comm monwealth's laws and is
an attempt to do that which
the defendant company itself
could not do"
1t Is due to William l.. Schaffer,
the new Attorney General of Penn
sylvama, that the issue in question
was promptly raised as soon as he
recognized the irregularity and the
wrong. His cogent, as well as lucid.
reasoning has resulted in a signal
victory for the Commonwealth.
Not only are the public relieved of
the unexpected and unnecessary
charges which Burleson attempted
to enforce in the telephone service,
but all undue assertion of Federal
power over this State has been
checked and repulsed. If the prin-
ciples which Judge Kunkel has af-
firmed shall enter into his final
Judgment on the facts of the case.
as it would seem almost certain that