The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-01-08
TOpeka's Telephone Case Taken
Out of Branaman's Hands.
Citizens Complain of City Attor-
ney's Lack of Action.
GOVERNOR TAKES AN INTEREST
Asks Court To Use Own AttOr.
ney LIN Topeka's Behalf.
"Wh hich Side Are You On2,
Judge Reed Asks Branaman.

The city of Topeka's application for
a rehearing of the Southwestern Bell
Telephone company rate increase case
in the Industrial court will be be con-
Quoted. beginning this afternoon, by
F. S. Jackson, attorney for the indus
trial court, rather than by City Attor-
ney Branaman. if the judges of the
court approve. Jackson will take
charge of the application for rehear
ing at the request of Gov. Henry J.
Allen.
That Branaman, as city attorney and
leader of the city's protest against pay
ing higher rates granted by the court
to the telephone company. was not
urging the city's protest in a satisfac-
tory manner to the citizens present,
was evidenced when a committee of
Immediately following the morning
hearing of the application in the court.
I'VE told the governor that City At
torhey Branaman's attempt to plead
the citys case in the court of indus
trial relations was as ampsing as the
Press clubs Court of Political Aspira-
tions,'" one of the citizens declared.
Governor Writes Letter.
The governor. wrote a letter ad-
dressed to the presiding judge suggest
ing that Attorney Jackson, as the rep
resentative of the public in all indus
trial court matters, be allowed to lead
the city's protest in the matter.
Need More Testimony.
| If Topeka wants rehearing of the
telephone rate case, the city must
produce some testimony to overcome
findings of the industrial court engi-
neers From the bench today Presid-
| ing Judge w. L. Higgins asserted that
two of the three judges would expect
! some reliable expert testimony IL the
courts own employees were to be over
ruled. Judge Higgins statement came
during Judge Clyde NJ. Reeds ex-
animation of Howard E. Smell, chief
engineer for the court
Smell was the principal witness to-
day in the city's application for re-
hearing of the phone rate case. There
were some heated moments during the
morning session and once oFa4stwice
there was a near tilt between court
judges and between judges and attor-
neys. Once Judge Reed interrupted
City Attorney Branaman to sarcasti-
cally inquire which side of the case
he was on.
Smell Stood Pat.
! Judge Reed examined Smell at
length regarding his valuation figures
and findings in the rate case. The
/ engineer an admission that his find
t ings were favorable to the wire COM
pany rather than the city. Smell stood
with his report.
"I want to say for myself and Judge
/ Wark at least and for the benefit of
persons attending this school of train
ing in telephone operation that we
have confidence in the employees of
this court and will rely upon their
/ findings unless evidence is offered to
disprove their figures said Judge
| Huggins. Snelfs figures regarding
! equipment costs were under fire at the
/ time.
Doesn't the Bell company buy all
it's equipment from the Western Elec-
tric?" asked Judge Reed.
"The equipment is standardized and
/ it is bought from the Western EIec-
tric,' said the witness.
isn't it fair to assume that a COM
pany which buys all it's equipment
from one company should be able to
buy for less than the quota tions to
| independent and small purchasers? ?"
asked Judge Reed.
Il don't care what you assume" in
terrupted j. w. Gleed of the South
I western Bell company. But I can
tell you what the facts are. 1 can also
tell you what the testimony in this
case has been. If you want the rec
; ords in the Chicago case and in a
half dozen similar cases can give
you that, too. 1t shows that the West
ern Electric while controlled by the
American Telephone & Telegraph
company is an efficiently managed
corporation and that it sells its pro-
ducts at a reasonable profit"
Higgins Was Aroused.
i Once jackson interrupted an answer
to one of his questions with a side re-
mark. 1t clearly rolled Judge Hug
gins.
'I believe, Mr.. jackson, you should
reserve your remark until the witness
has had an opportunity to answer youi
question"
Another time City Attorney Brana-
man was examining Smell. Judge Reed
was clearly peeved with Branaman':
; questions. He interrupted to inquire
which side of the case the city attor-
lney was on.
number of Topekans attended to-
lday's hearing. Following testimony b,
industrial court employees several Tc
Ipeka telephone patrons will be called