The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-05-23
Utilities Commission Ignores
Restraining Order Of Court.
Officers of Bell Company Deny
Jurisdiction of Commission.
WRIT, SERVED ON GOV. ALLEN
Governor Refuses To Be Dis
turbed Over the Controversy.
Ulffers of Phone Company Ques-
tions Authority of p. e. C.

In spite of the restraining order
from the United States district court,
the public utilities commission this
afternoon began hearing of the toll
distribution case. Officers and at
torneys of the Southwestern Bell
company denied jurisdiction of the
commission to probe the toll agree
ments. They asserted that the con-
tracts were satisfactory to all parties
concerned and that the investigation
was rot within the power of the COM
mission.
Interest in the commissions de-
fiance of the federal court was given
new color today when writs were
issued and service secured on Cover
nor Allen. A summons was also is
sued for Richard ]. Hopkins, attorney
Governor Allen said he did not un-
derstand that he was directed by the
court to do anything and refused to
, be disturbed. He said he had con-
fidence in the ability of the commits
sion to handle the case and did not
expect to interfere. tf
Restraining Order Issued.
The restraining order was issued
upon application of the Kansas City
Long Distance Telephone company.
| Whether the commission will merely
| take testimony in matters not affect
| ing the Kansas City company is un-
certain. Action of the larger COM
panies in questioning jurisdiction OF
| the commission is accepted as an in
| dication that the case will be taken to
/ the courts after being passed upon by
! the commission.
! Questions Authority of Commission.
c. A, Ulffers, general manager OF
| the Southwestern Bell company for
kansas, this afternoon questioned
authority of the commission to pro-
ceed. In statement he said:
! 1.-THE matter before the commission re
lates to the compensation to be paid b!
| the toll line companies to the independ
emily owned exchanges for work done IL
delivering toll messages over their ex
changes Heretofore such exchanges hav
commonly received for the work they did
sum equal to % per cent of the out
This matter was thoroly investigate,
by the commission of which Senator Bris
| Wellington case. That commission he'll
some years ago, in the Leavenworth case
that 25 per cent was adequate compensa
THE war and the development of tn
business have altered conditions an
studies and Investigations made within tn
last two years, have shown us that tn
system of compensation needs changes
We have already put in changes in sev
erai states, and had under consideration
| changes in Missouri and Kansas.
Says Order Is Unreasonable.
1.-THE order proposed by the commissio
is very unreasonable in several ways
Under present conditions no universal pc
cent can be used with fairness to a.
companies. The average outgoing mes
sage varies enormously. In one exchang
it may be 20 cents, and in another it ma
be $100 or more, giving one eXchang
three or four cents per message, and an
other twenty cents or more for doin
the same work. The commissions orde
is also unreasonable, because it assume
that the work on in-messages is the sam
as work on out-m messages, and because
assumes that the in-messages equal tn
ut-messageS in number.
Conditions vary to such extent tha
this matter is peculiarly a matter for ne
is not particularly interested. AS mat
, ter of fact, we do not think the commits
sion has any power or jurisdiction in tn
matter, and there Is no particular reaso
why it should be given Jurisdiction. Th
public is not interested in any special iter
of cost, except that every item shall b
| kept low possible. At the presen
time 1 have no doubt, altho our investiga
tions have not been completed, that som
exchanges are paid too much, and probabl
others are paid too little, but the interes
, of the public is to be have these matter
adjusted by contract.
| 1.-The small exchange is our toll agen
and it is to our interest to have every sue
he will develop more business, and wi
, handle the business better than he =. oul
If dissatisfied with his compensation
|, There was no quarrel between us and ou
| connecting exchanges, and We don't prC
pose that there shall be any quarrel"