Evening capital news. (Boise, Idaho) 1901-1927, 1919-05-04
Jurisdiction in Matter of In
crease Attacked by the Pub
lie Utilities Commission of
Idaho.
THAT BODY is IGNORED
Injunction Secured in Third Ju-
dicial District Court Re-
straining Mountain States
Company.

Postmaster General Albert ). Bur-
Lesson is cited to appear in person or
through counsel, together with the
Mountain States Telephone & Tele-
graph company, before the Third ju-
dcial district court of this state, to
show cause why a permanent injunc-
ton should not be issued against them
to prohibit the order of the postmaster
general to increase telephone rates for
that company in southern Idaho from
going into effect.
Judges Charles p. Mccarthy and
Charles f. Reddoch issued a temper
airy injunction against them Saturday
afternoon on application of the public
utilities commission of Idaho. The
order was made returnable on May %
when argument will be heard on the
merits Of the case.
. COMMISSION NOT CONSULTED
Without consulting the commission
Postmaster General Burleson author
ICED an increase in telephone rates OF
approximately so cents per month for
all subscribers. The order went into
effect on May /. The action taken in
the district court temporarily re-
strains the order from becoming ef-
fective.
The commission directly attacks the
jurisdiction of Postmaster General
Burleson in overriding the commission
in the matter of regulating rates of
the public utility within it's jurisdiction.
SAY 1T is ILLEGAL
1t is charged by the public utilities
commission that the defendants ill
legally and unlawfully and without
authority of law, contrary to the act
of congress and the proclamation of
President Wilson and contrary to the
constitution of the United States, an
nounced the increase in rates.
1t is further held that the increase
was not required for the prosecution
of the war between the United States
and Germany, or for the national de-
Tense or safety and is, and was, not a
war proposition, and has no relation
whatsoever to the cause Of the tele-
phone and telegraph system of the
Mountain States Telephone &c Tele-
graph company for war purposes and
that the present increase OF said tele-
phone rates was, and is wholly outside
the power and jurisdiction Of the said
Albert S. Burleson, as said postmaster
general, and said proposed increase OF
said rates is not necessary justified
or lawful as affecting the transmission
Of government communication or the
Issue of stock or bonds of said defend
ant, the Mountain States Telephone &
Telegraph company; and that there is
no justification in law or fact for the
action of said defendants in attempting
to enforce said proposed increase in
rates. without first having complied
with the laws of the state Of Idaho"
IDAHO LAW VIOLATED
The contention is further made by
the commission in it's complaint that
the defendants have never at any time
presented a petition to the commits
sion seeing that the increase be al
lowed and for that reason is in viola :
ton of section 153 chapter LOG of the
compiled laws of Idaho. 1t is further
commended that the putting into effect
of the increased rates will result in
continuous and irreparable damage
and injury to the people of the state OF
Idaho, unless the said defendants are
restrained from so doing"