Jasper County Democrat, Volume 18, Number 92, Rensselaer, Jasper County, 16 February 1916 — WILL ATTACK UTILITIES LAW IN HIGHER COURT [ARTICLE]

WILL ATTACK UTILITIES LAW IN HIGHER COURT

New Telephone Company of Boswell ! s Cnjolned—Notioe of Apjteni Served. Lafayette. I ml., Feb. 14. James IL Wason of Delphi, acting as spec* ial judge, has given a decision which enjoins the Farmers and Merchants* company from attempting to do business in the town, of Boswell. The appeal that will result will test the validity of Indiana’s public service commission law. Attorneys for the farmers and merchants, in their appeal to the supreme court, will al-

lest* that the law pertuits the eom- - mission to legalise a telephone monopoly. The fight- at Boswell was waged between the Boswell Telephone coin puny and a new -orminiza::o;j known as the Farmers and-Merchants’Tele-phono company. The former company obtained a franchise in l:>t _, and when the public service commission law went into effect it surrendered its franchise and look out an indeterminate permit. The plant covers the town of Boswell and the surrounding territory. in I9M I number of farmers and business men organized another company, asserting that the original company was giving unsatisfactory service. Franchises, were obtained from the commissioners of Benton and Warrei* counties. The members of the new company then went to the towu hoard of Boswell for a franchise in the town, and it was indicated that the franchise would be granted. But the eld company brought injunction proceedings against the town board to restrain it from granting a franchise until the public service commission had issued a certificate to the effect that public convenience and necessity required a

second telephone line in Boswell. The restraining order was issued and the new company went before the public service commission and asjjied lor a certificate. The petition was denied. The new company constructed an exchange just outside the town of Boswell and operated its Hu*throughout the rural territory around the town. About thirty miles of pole line was built. Nearly 100 patrons of the old company“left that compaby and put In telephones of the new company. Then some of the patrans of the new company living in the corporate limits of the towu put up poles and wires on their own property and later attempted to conect up with the exchange just outside the town. The old company put men at work cutting the wires, and then another injunction suit was brought. A change of venue was taken and Judge Wason was called. Attorneys for the new company have bitterly assailed the public service commission and the law under which it operates. They insist that the law is unconstitutional and that it encourages monopoly in public utilities. Judge Wason, In bis finding, upholds the utilities law. Be also upholdp the contention of the old Boswell Telephone company that it is entitled to the exclusive right to do business in the town of Boswell. A perpetual injunction has been issued against the Farmers and Merchants' company, preventing it from doing business in the town. I lie attorneys for the new company have served notice that they will appeal from finding* of Judge Wason.