The daily banner., 1919-05-14
TO FIGHT PHONE RATES
Richie Will File
Brief With Supreme Court-State
To Represent People.

Justice White, Of the Supreme Court
upon behalf of the public in the case
involving the right of the telephone
companies to increase rates without
lconsent of the public service COM
missions of the States, which is pend
ing in court. Mr.. Ritchie probably
will file his brief today.
| When the Chesapeake and Poto-
mac Telephone Company announced
that it would pu. into effec; rate in
creases on May l, with the approval
only of the United States Telephone
and Telegraph Administration, the
Public Service Commission was an
xious to make a fight, but William
Cabel Bruce, its general counsel,
ruled that it had no grounds. Mr..
Ritchie thinks there is reason in Mr..
Bruce's views, but that there are
arguments to the contrary which are
| worthy of attention and that the
telephone subscribers of Maryland
i
to the court. In other States where
similar increases have been made by
telephone companies officials have
Joined in the proceedings in the Fed
eral courts.
Mr.. Ritchie said:
1.-The increase in telephone rates
made on May 1 last, under authori-
ty of the Postmaster-Ge1eral con-
Germs the people of this State most
Evitally. 1t means very substantial
increase in their telephone bills at
time when the cost of living is such
that the people can ill afford it. Ev-
cry effort should be made to save the
people from this added burden, if it
is possible to do SO.
"Mr. Bruce, the general counsel
of the Public Service Commissioned
| Yised the commission on April 22
that it had no jurisdiction in the
matter, that the Government had the
power to increase the rates. and
that the increased rates would con-
tinue in force even after the tele-
phone lines were returned to their
owners.
"On May there were argued be-
fore the United States Supreme
| Court cases from Massachusetts,
| South Dakota and Kanses, involving
the validity of similar increases.
The Massachusetts, court had held
that the Government could not be
sued, but the South Dakota court had
held that the States still nave con-
{{rr0z over -rcIcpugne raIes-T---l Hs I>an--'
sas case was on original hill.
| The South Dakota view has been
upheld in New York, Pennsylvania.
Illinois and in other States. and If
this is correct, then rates cannot be
|raised in Maryland without the prior
consent of the Public Service Com
mission.
"The Public Service Commission
was barred from taking part in the
case before the Supreme Court be-
tcause of the opinion which Mr.Bruce
holds. This opinion, like all that
Mr.. Bruce gives, is, OF course, a
strong one and has much to support
it, but the opposing view is being pre-
sented to the court by other States,
and feel that it should be present
ed by Maryland also. The Protec-
tive Telephone Association OF Balti-
lmore obtained leave to file brief,
i but the importance OF the question
to every single user of a telephone In
this city and State is SO great that l
feel that the people are entitled to
have their side of the case presented
Ito the Supreme Court by the State
Itself. They ought not to have to
rely solely upon a voluntary assoc1a-
ttion of their own. They ought to
have behind them the weight and in
fluence of the State itself acting Of
IficiaIly in their behalf.
| "The Public Service Commission
would be the natural body to act for
the people in this matter. At the
hearing on May nearly every COM
mission outside of Maryland obtain
| ed the Courts leave to file briefs.
Since, however, our commission can
not act. there is no way In which the
side Of the people OF Maryland can
be presented by the State unless the
jAttorney-General does it.
| Accordingly, applied to Chier
Justice White for leave to present a
fbrief to the Supreme Court in the
State of Maryland, in opposition to
the increase in telephone rates made
by the Federal Government. This
leave has been granted and tomor-
row expect to forward my brief to
the Supreme Court.
"This brief will submit to the
iCourt the proposition that the tele-
phone rates cannot be raised in this
State without application to and the
consent of the Public Service Com
mission, and that the increase which
the Federal. Government made on
May 1 is absolutely unauthorized
and void, because it was made arb1-
trarily and witnQAt the approval OF
the commission in this State
is charged witt " CT caring
for the rights FL of the
people in such cases