The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-04-08

C o m p a nj e S Have
Right to Test Rate
Reduction Law in
Courts

ed in one or two counties, to tner
status as of January 1, 1921. The
chief executive had announced a
/ hearing on the act, passed by the
{; ;recent session OF the legislature,
but Saturday called off this hear
ing in view of the fact that he had
iaiready reached conclusion.
The act that became law is one
of the most important pieces OF
legislarion put through by the
legislature at the 1922 session. It
makes null and void increases in
telephone rates allowed by the
railroad commission and puts these
rates, charges. tolls. ETC., back to
/! the same status they were before
the railroad commission allowed
1.-THE increase in March Of 1922. The
act also reestablishes the telephone
/ exchange radius or alleged free
ton'' service that was abolished by
the general assembly.
| 1t was indicated yesterday that
4 attorneys for the Southern Bell
Telephone company will go iulne-
diately into the courts to determine
the validity Of the act, the compa-
my having fought the measure
Throughout its course in the iesis-
lature. Provision is carried in the
act for the telephone company to
petition the railroad commission
for relief and the commission has
authority to reduce or increase the
rates to be charged and the rates in
effect January 1, 1921. The COM
pany may so before the commits
! sion. but an appeal to the courts is
lalso being contemplated.
In signing the act. the governor
gave outethe following statement in
regard to the act and the calling
off of the hearing:
''In view Of the fact that I had
ion request. promised hearing be-
!; fore signing this act, think it is
tdue the public and all parties in
/ terested that give my reasons for
ttdisper.sing with the hearing.
."Tne act is regular n its face.
! It is very clear to my mind that
| should q hearing be had it would
lconsume more time than I could
possibly give to it. But if I had
! the time or inclination to give an
| extended hearing. the most that the
Iopponents- OF the measure could
show would be that the rates fixed
| in the acts are confscatory. The
act itself provides a remedy in case
the rates are unreasonable. and l
could not veto it in the face Of such
a provision.
In addition to this, would be
very reluctant to veto any measure
of statewide interest when the
Legislature would have no oppor-
tunity Of passing on the veto until
I January Of next year. I think that
any person interested in any mat
ter pending before any department
| of the state. government is always
entitled to hearing, but where
it is so clear, as it is in this case.
that l could not have sufficient
time to give hearing, and where
there is ample opportunity for the
same questions TO be submitted to
| another department Of the state
government. it seems to me that
the hearing is not denied by my
acting as have. but that it is sim
ply transferred to an appropriate
tribunal"
! Provisions of the Foster act are
as follows:
Section ]. Re it enacted by the
general assembly OF the state OF
South Carolina. That no corpora
ton, company, firm, person OR per-
sons owning. controlling or operat-
ling or that hereafter may own. con-
troll or operate a !ine or lines OF
telephone or telegraph whose line
or lines is or are in whole or in
part in this state. shall charge OF
collect or suffer to be charged OF
collected for their services a great
or price or sum OF money or s
| greater rate than was Of legal force
| ard effect and on file with the rail
road commission of South Carroll
ma on January l. 1921: Provided
that any corporation, company
! firm. person or persons violating
or attempting TO violate the pro
| visions Of this section shall be LA
BILE to 4 penalty Of $50 for cacf
! violation or attempted violation, tt
be recovered in any court of com
{ petent jurisdiction in this state, q
! the instance and on the behalf o'
the aggrevied party or parties: Pro
! yided, further. that the provision:
Of this act shall not apply 10 line:
owned and operated entirely within
not more than two counties ant
owned by citizens thereof: Provid
cd. further. decisions of said com
mission may be revived by th'
court Of common pleas upon ques
tions both of law aud fact. With
! in 50 days after the rendition of th'
! decision any person agGricTcd ma,
| commence an action in any cour
Of compeirtcnt jurisdiction aSainS
the commission as defendants Il
: racate or set aside any such ordcl
Of the commission or cnjoin the en-
forcement thereof on the Grount
that the authorization. consent. rat,
i OF rates, charges. fares. tolls ant
! schedules tiXed in such order art
insufficient. unreasonable, unjUS
or unlawful in which action cop.
Of the complaint shall be served