The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1919-06-03
BURLESON WINS IN
WIRE RATE FIGHT
BEFORE HIGH COURT 7

Washington, June 2.-IncreaSed tele-
phone and telegraph rates put into ef-
feet last January n, under an order
of Postmaster General Burleson were
upheld today by the supreme court.
The court held that under the joint
resolution by which the wire systems
were taken over by the government
there was authority for interfering with
intra state rates.
The court set aside South Dakota
supreme court DEGREES enjoining the
Dakota Central and three other tele-
phone companies from increasing in
trastate toll rates in compliance with
the postmaster generals order.
Federal court DEGREES permanently
restraining the postmaster general
from charging increased telegraph
rates in Illinois We're dissolved by the
court.
Authority of the postmaster general
to increase intrastate telephone and
telegraph rates as decided today by the
supreme court was involved in proceed
ings brought from South Dakota. Mass
achusetts. Kansas and Illinois and
argued here on May and 6. All grew
out of Mr.. Bureson's order placed in
effect on January 21, last under author
| ity of the joint resolution by which the
government acquired GDntrol of the
wire systems. increasing telephone in
trastate toll rates with the exception
of the Illinois case, which involved in
creased telegraph rates only.
! Arguments of the cases in the su-
preme court attracted wide attention
and attorneys general from a score of
states We're present while briefs as
amicicuriae were filed by the National
A ssociation of Railroad and Public Util-
ity commissioners representing thirty
seven sites as well as by the states of
Wisconsin, Pennsylvania and Ohio and
also by the Protective Telephone Asso-
citation of Baltimore, Nd.
The South Dakota case resulted from
injunctions granted by the state su-
preme court restraining the Dakota
Central Telephone Company as well as
three other companies in that state
from charging rates promulgated by Mr.
| Bureson. The proceedings We're in
stituted by the state authorities and
the state court in granting the injunc-
tions held that the rates We're illegal as
they had not been approved by the
| state board of railroad commissioners.
The government won the Massachus-
etts case in which the state courts dis
missed injunction proceedings brought
by the state public service commission
TO restrain the New England Telephone
and Telegraph Company from placing
the order into effect. the court holding
IN, AGAINST the
United States government and brought
without its consent. In that case, the
state commission also contended that
the rates We're illegal as they had been
placed in effect without the commits
sion's approval as required by state
statutes.
Kansas Case Different.
The Kansas case was different from
the others i'm that it was an original pro-
ceedng brought in the supreme court
TO restrain the postmaster general from
CARRYING out the provisions of his order
in that state on the grounds that the
rates had not been approved by the state
authorities as provided by law and that
they were illegal and eXorbitant.
The Illinois proceedings were original
" instituted by Postmaster General
Burlespn who sought to restrain state
authorities from interfering with the
, enforcement of his order increasing tel
. egraph toll rate. A temporary inJunc'
: ton was granted, but when the case
; came up on its merits, Federal District
Judge Lands dissolved the injunction
and instead enjoined the postmaster gen
eral from placing his order in effect.
, To permit an appeal. Judge Lands
granted an order continuing for ten
DAYS the temporary injunction origl-
, nally awarded Mr.. Burleson, and Win
held enforcement of his own "inJunc'
ton during that time. but upon the gov
ernrpent's motion, the supreme court
extended this order so as to permit the
postaI authorities TO continue to collect
the higher rates pending final determi'
nation of this case.