The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-08-13

stations; and its officers made affidavit
in July that the number of stations ex-
ceeds 20, 000-Which, of course, the city
does not concede.
The practical imposslbility OF the city
bringing suit In its own name was the
cause, OF the former suit being brought
In the names of individual subscribers,
who assumed liability only for them
selves, and whose injunction therefore,
II obtained, would have protected only
individuals. In that suit, after diligent
advertising, we succeeded In getting
only 800 or 400 subscribers to join, out
Of q total Of perhaps $4,000 or 10000
approximately 2 per cent. Meanwhile
the other 9S per cent were paying their
bills, without any agreement Of the
company that such payments should be
without prejudice. And even after the
suit was settled and all the newspapers
carried notices that July bills should
be paid under protest, many subscribers
failed so to pay.
Had a similar suit been brought on
the August bills 1t Is doubtful whether
900 subscribers would have become par
ties, and certainly the company, with
litigation pending, would not have
agreed that payment by others should
be treated as made under protest, I'M
less they had so specified when making
payment. But In any event these other
subscribers would have been out OF
their money, with as great necessity OF
bringing a suit to o 1t as under
the present arrangement.
These are the matters undertook TO
consider and analyze In determining the
best course to take for the practical
good of the public. and concluded that
II was best to obtain an agreement
which would fully protect, not only the
few subscribers who might join In an
Injunction suit, but all subscribers OF
NIn anea,auag A. a rAaNVlt iha fOllouinp
written agreement was obtained: =,
THE payment Of the August bills
shall not prejudice the public against
assertion OF any rights, IL they shall
later determine to demand and shall be
entitled to any refunds for August,
either because Of present contract. or
conditions, minute entry heretofore
made by the utilities commission, or
future order of that commission. In
other words, all rights now existing
may be asserted later to he same ex-
tent as II asserted now"
Under this agreement every person
paying his August bill pays without
the necessity Of so stating. Should a
satisfactory settlement not be made,
the city or any person may apply to the
utilities commission or bring suit for
refund, without the necessity OF CIV
ing injunction bond or risking the loss
Of discount for failure to pay. within
the discount period. The decision Of
ed as determinative Of the rights o.
other subscribers, las the company will
hardly care to a costs In each sepa-
rate case II Its liability shall have been
already settled. or course the agree
ment does not bind any subscriber tc
pay his August bill, nj bind the city
to refrain from suit for any fixed time
Probably the question OF the proposed
consolidation will be settled n wa'
or the other before the September bill
are due. The agreement preserves Il
every subscriber all his rights, without
binding him to anything.
Frankly, I felt that had made a yer,
satisfactory arrangement-one nue.
preferable to an injunction suit so IA
as real general public benefit Is con
cerfed. My judgment Is far from In
fallible, and ! may be entirely mistaken
In this conclusion, but | do not thinl
so. OF course It would have been tn
simplest thing in the world ia brinI
some sort OF suit, regardless Of practi
cal benefit to the public, and such
suit would have been the best politics.
But when one has given hours o
careful thought and attention to tn
analysis OF a situation, c~anvassing an
considering the various features Of
most intricate matter solely with
view to securing the best result for tn
public, Il Is a little disappointing, no
to say discouraging, for the result G
these efforts apparently to be misun
derstood.
The News Scimitar has rendered val
liable service In recent public utility Ut
igation, and has shown me PERSONAL
unusual courtesy. | feel confident tha
the publications In regard to the Az
gust telephone bills are due TO a fai
ure fully to appreciate various practices
matters which have necessarily entere
into consideration, and which I haS
stated above, with a tediousness DIV
partly to their multiplicity and part
to a desire that they be fully explaine'
Very truly,
HENRY 7 LIVINGSTON.