Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-04-02
BELL COMPANY IS
RESTRAINED FROM
ADVANCING RATES
Judge Kunkcl Holds President
and Burleson Acted With
out Legal Authority
OVER-REACHED POWERS
Way Was Open to Increase
Schedules Without Violat-
ing Pennsylvania Laws

The Commonwealth of Pennsyl-
Nania won its second round to- day
in the injunction proceedings to pre-
vent Postmaster General Burleson.
acting as the Federal operating agent
of the Bell Telephone Company,
from raising telephone rates in this
State. Judge kunkel. of the Dau-
phin county courts. handing down an
opinion in which he continues until
a final hearing has been held the pre-
liminary injunction granted against
the Bell company at the preliminary
hearing.
The case is reckoned as one of the
most important ever listed in the
courts of Pennsylvania. 1t involves
the right of Federal authorities to
override State statutes in the mat
err of fixing public service rates. BY
the opinion handed down to-day the
Bell Company is restrained from put
ting into effect the telephone sched-
ules promulgated by Mr.. Burleson
and which the Bell company was
ordered to put into effect in viola
tion OF the laws of Pennsylvania
with regard to change in rate sched-
uleS.
Beyond Scope OF Powers"
Judge Kunkel goes into the case
neither the President nor the Post
master General was acting officially
in changing the rates and tolls. but
that they acted beyond the scope Of
their powers
The court reviews the conditions
leading up to the change of rates,
quoting the resolution under which
the telephone lines were taken over
as war emergency by the govern
ment and holds that the Common
wealth's contention that this resolu-
tion did not contemplate rate chang
es is we'll taken. There is no at
tempt to deny the power of the
President to operate the lines for war
purposes, but Judge Kunkel says:
The rates he charges others whom
he may permit the use of the lines
while under his control would seem
to have no real relation whatsoever
to his use of the system for all prop
er war purposes. Hence it would
appear that his attempt to change
the rates and enforce rates which
are not approved by the State au-
thorities is wholly outside his power
If this he true in so doing he is not
engaged in an official act but is
acting beyond his powers. In this
case an Injunction interfering with
iilili liOiu 81 IClliS NOuIu not
amount to an interference with him
as an official or with his official
action and therefore would not he
against the Federal government.
Where the authority to do the act
complained of is challenged the suit
is not against the United States
philadelphia Company VS.. Stimson,
223 L.. s. 605-U. S. VS.. Lee, 106 Y.
s. 1860. If he be acting outside
his power he ought not to be per-
mitted to seek refuge behind the
office which he occupies and is ad-
ministering.
Must Show Reasons
Further the court says: when
he attempts to use the defendants s
lines and it does not appear that it is
for a war purpose but on the con-
trary appears to be for a purpose
having no apparent or direct relation
to the prosecution of the war, it
must be shown. we take it, that he
is using it for a lawfully and consti-
tutional end. The necessity out of
which his power arises does not ap-
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