The Birmingham age-herald., 1920-06-13
NEWSPAPER AD IS
 FACTOR IN FIGHT
 FOR TELEGRAP LINE
L. & N. Ordered by Public Service Commission to Re- establish Telegraphic
 Service to 21 Towns
By FRED H. GORMLEY
 Montgomery Bureau The Age Herald
 22l-2 First National Bank Building

22i.2 First National Bank Building
 Montgomery, June 12.-(Special)-One newspaper advertisement published near ly three years ago has become promi- nent point in support of the order of the public service commission issued this week requiring the Louisville and Nash- vile railroad to re-establish telegraphic service to the twenty-one towns which lost it's telegraph lines when the Western Union Telegraph Company transferred it's equipment on the Louisville anu Nashville branch lines to the raiiroau May l, 1920.
 At the time of the advertisement the railroad and telegraph company were Ill heated controversy as a result of the telegraph company's effort to condeht a portion of the formers right Of way for the maintenance of it's telegraph mes In this advertisement the rallrodu claimed it was a competitor or the We9 ern Union and was prepared 10 carry on a general telegraph buslness Saiu '''' advertisement: ..st,
 "There is another angle to the actlNlty If the Western Union. That company wen knows that the l.. & N. has teleefapiii~ and telephonc facilities offered oy ee Western Union. The l.. x N mas lts oNn telephone and telegraph llnes anu oO nections including it's main llne petween Cincinnati
 If o9o miles. and is now serving the gov ernn,ent and is prepared to serve the pup 1ic in Alabama and elsewhere on US sys- ten, pronoptly and efficiently and WlIli entire satisfa ction in the transmissioi, oa telephone and telegraph messases' , activity of the Western unloh III aU tion to it's determination to use .ne & N right of way without con .hs ta,a, ie to stifle and eliminate from the tei ia . tiaId what is knows will be forlni- dable competition"
 wben the railroad and telegraph con, panies were cited to appear recently e, and show why the lines were trahsieii.1 without permission of the coihniission, inc railroad answered that 1t coulu ho. continue the service because ma not in the telegraph business 1t was ho' ITn;on contended that it could not cor t;,ua the service because it had oeoii o-dered bv the courts to vacate the rah- roads right of way. .nay uarwell G. Davis, assistant attorhe. general dug up the old advertisement oa the railroad which was puoiisneo III ,o,7 o Monteomery Advertiser of July zz' l'l'. and also found another case oi ~ ~cou.
 oord wherein the railroad admitted that ;t ,,,.s engaged in the telegraph ouslnss9. wr Davis in his brief also showed lI'a. tt,a railroad's franchise gave IL 'ne mower and right to carry on sene"' teelgraph business within tne "
 The state in MT Davis brief contehoeu
 ne n,,hIic service corporation can ahandon service without permlssioh o. .,,a rroner state board and argued tiio. ;e tha companies could abandon serVics an the branch lines of the LoulsNihe ' Nashville railroad any pupnc ser iNioo noration would have the rlght 10 cui . e. service finally to remove 'heh t.roir as,d ultimately to quit business ehtieis
 
 .;oa eho,i,d be maintained Tn the III terests of the public. . +na Roth companies contended tnat transfer of the property ulu iot ,.ich 1,;tbin the meaning of the statutes +n raouires a public service corporae,on .na obtain permissien in advanTe Ts,o, iion areued .,,tIic service Commission. They arsuer .,at the holes and wires became 1u'. arri, on because the Western Union wa farood to yacate the railroad risnt
 a,d that a public service corpoia .;on is not required to optaih
 for the transfer of Junk. ouroad The state answered that 'ne t,,, he and telegraph company hhoW t;,,,a the fora that at the end of certah tiiie ' te,onra,,h lines could not be operated o.' .So railroad right of way ana una. s si;at +iroe was given the telegraph com, nanv 10 obtain other right ol "a +,,. also alleged that the agreement " ad, transfer of the poles ana "ires was
 ;ar +o Anril 30. but the contract was rdto not s;ened until May 1, one day after rr ,ng .ioe a.7 r,h oomnany was forced by cop' e.,aor +o vacate the railroads propei.s'
 A ;n+eresting contest will come II
 ,,b1ic service commissions order anu snr new question will be decided .h.T The j1 f0 be panies have announced that tneH aar The rrable to comply with the orus,' o ,,aw ot.ornev ata generals department will al,om about ten days and if telegraphi.G; .;, serv,se as' is not established within that ',niu ,i,1 ask sistant Attorney General Davis w,i I,n asn tho court for a proper order when WI" brinr the issue up for decision. While the case is of grave iihpo. .a to inc twenty-one towns the at'olaes esnerars so department believes the case must be fought through the courts per er cause of it's bearing on all iheeies. car.I the state. Assistant Attorney - Dayis contends that if the rahroao ai, ea, abandon this service now, any puons any service corporation may aoahuon ;ssino service without obtaining the perii'is'io' of the public service commlssion