Evening star., 1949-05-13
Police Stote Methods
mo. ~


The inherent evils and the potential
dangers in the procedure being followed
in Washington to deprive suspected gam
blers of telephone service were discussed
in an editorial In yesterdays Star. 1t may
be true that this procedure Is not now
being abused. But even 50, 1t Is q pro-
cedure which smacks Of the police state
technique and which is susceptible of very
serious abuse
There may be those who are willing to
risk the abuse in order to reach the gam
blers. Sometimes the argument is made
that since it Is hard to break up gambling
by the usual process of arrest and trial,
there is no objection to driving gamblers
out OF business by arbitrarily cutting them
OF from telephone service. In other words,
the end justifes the means II the
authorities cannot get the gamblers one
way, then get them by another, and never
mind If a few innocent people suffer in
the process.
There are two things wrong with this.
First, it is an Endorsement, though perhaps
an unrealizing Endorsement, of police state
methods. Second, the assumed necessity
does not exist.
Not long ago the Public Utilities Com
mission approved tariff, or q regulation,
for the telephone company which contains
this language: "The (telephone) service
Is furnished subject to the condition that
1t will not be used for an unlawful purpose
Service tohI not be turntshed Gtalics sup
plied)) If any law enforcement agency,
acting within its Jurisdiction, advises that
such service Is being used or will be used
In violation of law, or II the telephone
company receives other evidence that such
service is being or will be so used"
This language, when it sinks in, is shock
ing. The Star Is not unmindful of the
probability that the tariff will not be in
tentionally abused. But the provision
opens the door to such rank abuse that 1t
deserves to be condemned out of hand
Note that there is no provision for any
notice to the subscriber or any hearing
The authorities are not required to offer
any proof, or even to have any proof, that
a phone is being used Illegally Indeed,
under the language of the tariff, mere sus-
picion that some one, at some time in the
future, will use his phone for an unlawful
purpose might well be basis enough for
the phone company to cut of his service
1t seems as clear as clear can be that no
public utility ought to have any such
arbitrary power over the people of any
community.
The remedy lies with the PUG. 1t has
before 1t case involving threat to
remove the home telephone of Harry and
Bertha Katz. Through their attorney,
John l.. Ingoldsby, they contend that the
power conferred upon the telephone COM
pany by the existing tariff is unjust, un-
reasonable and unlawful, and they ask
that the tariff be modified. Their request
is buttressed by a variety of arguments
that cannot be gone into here. But what
they are asking for boils down to this:
They want q requirement that the phone
company give notice of intent to take out
a phone. Then they want an opportunity
for a hearing, probably before the PUG.
At that hearing, which ought to be in
formal, the company would have to show
by a preponderance of evidence that the
phone is being or will be used for an un-
lawful purpose. If that can be done the
phone comes out. If not, 1t stays in.
What Is unreasonable or burdensome
about that? Substantially this same pro-
cedure Is being followed by the Missouri
Public Service Commission, and there Is
no apparent reason why 1t could not be
followed here. There is some fear that
the telephone company, If required to
follow the proposed procedure, would be
reluctant to act on requests to remove
phones. That may or may not be true.
But If 1t Is true, the interests of law
enforcement can be protected by requiring
the company to initiate action when a
proper complaint is received.
This would assure legitimate use of
phone-removal as a weapon against gam
bling At the same time the public would
be protected against abuse of the judge.
jury and prosecutor role in which the
company now finds itself.
The Star does not think that this tele-
phone tariff raises an imminent and all
inclusive threat to the rights Of the people
of Washington. But 1t does open the door
to a prospect of abuse which can be cor
rected and which ought to be corrected
The time to recall an unwise and improper
grant Of power is before, not after, that
power has been abused.