Evening star., 1949-05-07
'PUC Decision Awaited
On Removal Of Phones
For Unlawful Use

The telephone company ana
subscribers threatened with serv-
ice cutoffs in the United States
attorneys antigambling drive
waited today for the Public Utili-
ties Commission to say whether
it will stand behind the companys
policy of removing telephones
suspected of unlawful use.
For more than five hours yes
terday, the PUG heard attorneys
both attack and defend a recently
proposed tariff regulation which,
the company said, merely would
put into writing a 15-year-old
company policy for PUG formal
approval.
That policy. according to John
M. Howard, general commercial
manager Of the Chesapeake g. Po-
,tomac Telephone Co, provides for
removal of telephones when re-
quested by law enforcement au-
,thorities or when. company in
vestigation indicates use for book
making or other Illegal purposes.
Attorney Edmund L. Jones,
summing up for the company,
denied the assertion of a surprise
witness, Attorney Charles E. Ford,
that the company's reason for
seeking PUG approval of the writ
ten regulation is to avoid damage
suits by subscribers.
Filed by FEC Request.
"If we had wanted to escape
some liability, we would have filed
a specific regulation long ago."
Mr.. Jones declared. I'VE filed this
regulation last March solely at the
request of the Federal Communica-
tions Commission"
He also denied other charges by
Attorneys John Ingoldsby and
Myron G. Ehrlich, lawyers for two
of the 324 persons who several
weeks ago were notified by the
company that their telephones
would be disconnected at the re-
quest of United States Attorney
George Morris Fay on the basis
of competent evidence"
Mr.. Ingoldsby and Mr.. Ehrlich
contended the company's practice
and the proposed regulation are
Illegal, arbitrary and dangerous to
the public interest and individual
rights. Mr.. Jones replied by citing
numerous State court and COM
mission rulings. upholding tele-
phone companies in cutting of
service at the request of law en-
forcement officials.
10 Phones Disconnected.
Mr.. Ford, who took the stand
as a private citizen with two tele-
phones, represents several persons
affected by the cutoff orders.
The long hearing brought out
the following other develop
ments:
The company has disconnected
10 of the 324 telephones on MIR.
Fay's list.
The United States attorneys
Office requested the company. by
telephone" to withhold further
cutoffs in the list. presumably to
await the outcome of injunction
proceedings pending in courts
here and in Maryland.
Peoples Counsel John ODea
told the PUG he believes the
company's proposed regulation is
reasonable.
The telephone company does
not tap wires to determine
whether its telephones are being
used for unlawful purposes. Mr..
Howard testified. He added that,
so far as he knows, law enforce
ment officers here do not tap
wires to get such evidence.
Prosecution Possible.
Telephone companies. according
to their attorneys, could be prose-
cuted If they refused a law en-
forcement agency's request to stop
service. to a place suspected OF
illegal activities.
The company's regulation. and
the avowed~ practice during the
last Is years. puts too much
authority in the hands Of a pub
lie utility and, at the same time,
would put the PUG in the position
of having to support possible
illegal actions, Mr.. Ingoldsby
argued.
The company. he and Mr.,
Ehrlich said. should not ignore
requests of law enforcement
authorities but should ask de-
tails about the competent evi-
dence" on which those authori-
+! ties based their requests.