Capital journal. (Salem, Or.) 1919-1980, 1922-08-16
AGAIN ACT TO
RESTORE OLD
PHONE RATES
Public Service Commits
sion Requests Immedi-
ate Action by Attorney
General.

NNNAhN1 GSAe
The telephone rate situation
arising out of the Kerrigan reso-
luton providing for withdrawal
of its answer to the Duncan suit
and reinstatement of the old tele-
phone rates In Oregon has re-
solved itself into an exchange OF
legal opinions between the public
service commission and the attor-
ney generals office.
In it's resolution, fathered by
Commissioner Kerrigan and sup
ported by Commissioner Mccoy,
the commission directed Attorney
General Van Wrinkle to Withdraw
the answer of the commission to
the suit instituted by Robert G.
Duncan of Portland attacking the
reasonableness of the telephone
rates authorized by the old COM
mission in its order of February
28, 1921.
Wants Answer Withdrawn.
Replying to this resolution last
Saturday the attorney general re-
quested additional light of the
commission as to just what pro-
cedure was desired by that body
under the terms of it's resolution,
pointing out that the answer filed
by the commission could not be
withdrawn unless another answer
was substituted therefore.
Today the comlnA5sion, in let
ter to the attorney general reiter-
ates it's previously expressed re-
quest that the answer be with
drawn.
I'VE wish to renew our request
that you withdraw the answer in
the above case and notify us there
of. whereupon we will inform you
as to what defense, If any, to make
therein" the commission letter
to Attorney General Van WinkleI
reads.
"At the time of withdrawal of
the answer we presume you could
secure from the court a few days
within which to rfle another an
swer in case the commission de-
sires so to do" a postscript to the
commission letter suggests.
Want Immediate Action.
The letter concludes with a hope
that you Will comply at once
with this request"
In the absence of the attorney
general from the city today it was
not possible to learn just what at
titude he would assume toward
this mandate of the commission.
Having already committed him
self as to the necessity of a subst1-
tute answer before the one al
ready on file can be withdrawn
there seems to be splendid
chance for an argument between
the two state departments.
Should Van Wrinkle refuse toI
comply with the request of thel
commission until that body has
followed his suggestion relative tol
substitute answer, it is pointed
out that the commission has au-
thority to employ other counsel
and proceed with the case ~as 1t
may see fit independently of thel
attorney generals department,
which course, it is predicted here
will more than likely be resorted
to.
To Cutoff income.
No action has as yet been taken
by the commission on the Corey
resolution providing for com
plete investigation of the tele-
phone rate situation on the com
missions motion. Commissioners
Mccoy and Kerrigan stated this
morning that the proposal was
still under consideration" !"
1t is altogether probable, how
ever, that some action similar to
that proposed by Corey will be
taken by the commission but not
until after the terms of the Ker-
rigan resolution have been carried
out.
The new members of the com
mission it is generally known, de-
sire first that the Pacific States
Telephone & Telegraph company
shall be estopped from the collec-
tion of the present rates until the
rate situation can be made the
subject of a thorough going In
Quiry. This situation, 1T Is be-
heyed, would be brought about
through the withdrawal of the
answer in the Duncan suit, which
procedure would automatically
restore the old telephone rates and
place the burden of proof in an
other rate application on the
shoulders of the telephone com
pany.
Word has been received that
the Oregon exposition caravan
will arrive in Salem over theshigh