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Increased Telephone Rates 1
held by Federal Court.
- The Southern Bell Telephon<
Telegraph Co., was sustained in
charging of increased telephone r
as recently authorized by the s
I railroad commission by an oi
handed down by Judge H. A.
Smith of the Eastern district fed
court, the plaintiff in the case b<
F. A. Miller of Hartsville, state ?
ator from Darlington county,
decision was handed down Tursi
the railroad commission receivin
copy of the order yesterday.
The case grew out of the fact 1
the increased rates which had b
authorized by the railroad comr
sion and put into effect by the t
phone company were in excess of
charges which the telephone ci
pany had contracted for when grs
ed the franchise to install its ti
phonus and operate iits exchange
Hartsiville. Mr. Miller contending t
the company was bound, by the tei
of its agreement whatever the act
of the railroad commission. This c
tention, however, wad. denied
Judge Smith in his order, the cc
pany, he said, having no alternat
tbut to obey the orders of the railrc
commission, which he declares 1
legal rate fixing authority of 1
The railroad commission, Jud
Smith pointed out, under state li
approved in 1904 has been giv
"jurisdiction and supervisory pow
over all telephone lines, station a:
exchanges in the state with the rig
and power to fix and Regulate t
rates or tolls to be charged for ser
ing thereby." This rate fixing autho:
ty invested in the commission, accor
. ing to Judge Smith's order, gives tl
commission the power to alter tel
phone rates as it sees fit despite ar
contract or agreement entered in'
by the company with individuals <
communities since the passage of th
bill, however, exempts towns ar
cities with which contracts had bee
made prior to the enactment of tl
law. This proviso, Judge Smith sail
does not pertain to the Hartsvill
case inasmuch as the contract wi
made in 1916.
The case was begun by a complair
in the court of common pleas for th
county of Darlington, enjoining th
telephone company from chargin
and exacting the increased charge:
The telephone company immediatel
filed a petition for removal to th
federal court, the order being grante
?i by Judge S. W. G.' Shipj). The orde
Si was"base(Tupon diversity of citizen
ship, the plaintiff being a citizen o
South Carolina and the defendant ;
. ' citizen of New .York. Mr. Miller am
his attorneys at the hearing befon
Judge Smith also made a motion ti
remand the case to the state court
This, however, was denied, Judgi
Smith holding that the cause hac
properly been removed to the federa
One similar other case is now pend
ing against the telephone company
but this is expected to be droppec
in the light of Judge Smith's ordei
which practically fixes the increased
telephone charges in all cities in the
Btate despite the fact that several of
the cities and towns have fixed lower
rates in contracts with the company
upon granting franchises. Judge
Smith suggests as the legal procedure
to secure lower rates an appeal to the
.state railroad commission to recon
sider its action granting the increase.
The commission, Chairman Shealy
announces, is willing to hear such a
petition at any time that sufficient
facts may be secured to warrant any
change in the previous action, taken
after months of deliberation and sev
eral hearings on the company's pray
er for the increased charges.
Judge Smith's order follows in
Upon the merits from the undis
puted facts, it appears that the town
-of Hartsville entered into a contract
with the defendant, whereby it grant
ed the defendant the franchise for
the installation within the town of
Hartsville of its telephone system,
provided that the rates for the tele
phone service should be according to
the schedule of rates set up in the
agreement dated the 2:ist October,
1916, between the defendant, the
Southern Bell Telephone & Telegraph
Co., and the town of Hartsville. At
the time this agreement was entered
into, an act of the state of South
Carolina, passed in 1904 and em
bodied in Section 3161 of the code of
laws for South Carolina of 1912,
gave to the railroad? commission of
the state jurisdiction and supervisory
power over all telephone lines, sta
tions and exchanges in the state with
the right and power to fix and regu
late the rates or tolls to be charged
for services thereby; with a proviso
that in cities and towns where fran
chises had been granted by any cities
or towns to operate or maintain a
-telephone exchange and the rates and
tolls were fixed in that franchise, that
nothing in the statute should permit'
any increase in the rates and tolls
so fixed, except by agreement with
the municipal authorities and sub
Upon consideration of the act and
its context, under this proviso it ap
pears to the court that this proviso
'was intended to refer to franchises
and contracts already granted at
the time of the passage of the act,
in 1904, and not to franchises and
contracts, granted and made subse
quent to that date; and as the fran
chise and agreement in the present
case were granted and made in 1916,
they were subject to the general pro
visions of" Section 3161, without ref
erence to this proviso.
In the year 1921 the railroad com
mission of South Carolina on the
24th of March, made a change in
these rates and tolls, by increasing
The complainant who was one of J
the subscribers to the original agree-1
ment made in 1916, between the town
of Hartsville and the defendant, has
now brought the bill to order to en
join the defendant from charging the
increased rates and tolls allowed by
the railroad commission, upon the
ground that the contract made be
tween the town of Hartsville and the
Southern Bell Telephone &' Tele
graph Co., and the subscribers to the
telephone exchange is still of force
and binding, and that the railroad
commission had no authority to au
thorize the enhanced tolls.
The supreme court of the United
States has lately announced the rule
to be that where a public service cor
poration and a municipal corporation
having power to contract as to rates
and exert that power by fixing plans ?
to govern during a particular time,
enter into a contract fixing rates, the
enforcement of such rates is control
led by the obligation resulting from
the contract; and even although such
rates may be confiscatory) the public
service corporation would not be jus
tified in refusing to carry out this
contract; but having entered into a
contract and agreement they must
This, however, does not affect the
general rule; that from the stand
point of the public the legislature
may prescribe for the purpose of j
preventing discrimination and favor- \
itism or oppression, that the rates
to be charged by the public service
corporation shall be as fixed by some.J
governmental agency, such* as in the
casie, the railroad commission.
If this were a suit between the
town of Hartsville and the Southern
Bell Telephone & Telegraph Co., pr I
between any of the subscribers, at
the date of the contract with the
Southern Bell Telephone & Tele-?
graph Co., uninterfered with by any
action to fix the rates, the court
would without hesitation hold that
the Southern Bell Telephone & Tele
graph Co., was bound to perform the
services and for their performance
limited to charge the contract rates |,
mentioned in the agreement; al
though in effect such contract rates
might lead y to loss of a ruinous or
That is not the question here. The^
question here is whether or not the
general law of the state existing at
the time did not enter into the cor.-;
tract made between the town of
Hartsville and the Southern Bell
Telephone & Telegraph Co., and tha'lj
subscribers in 1916, so as to make
it an element in that contract, that
notwithstanding the agreemen of par
ties between themselves, it was sub
ject to the right of the government
in the exertion of its general power
for the protection of the public, and
the maintenance of service necessary
or essential to the public to charge
the rates fixed by the contract. In
the opinion of this court, such would
seem to be the effect of the decision
of the supreme court; and it appear
ing in this case that the railroad com
mission of South Carolina, after no
tice .and hearing in the general man
ner pursued by that body, has, by a
bona fire conclusion, found it neces
sary to direct and allow that increas
ed tolls should be charged, the de
fendant has a right to charge the
same, notwithstanding terms of the
contract of 1916.-The State.
THE COLLEGE OF CHARLESTON
Open to Men and Women
Entrance examinations, and ex
amination for the free tuition coun
ty scholarships at all county seats,
Friday, July 8, at 9 a. m.
Four-year course lead to the B. A.
and B. S. degrees. A special two
year pre-medical course is given.
Spacious buildings and athletic
grounds, well equipped laboratories
unexcelled library facilities. A dor
mitory for men. Expenses moderate.
For terms, catalogue, and illustrated
HARBISON RANDOLPH, Pres.
Encouragement in the Cotton
While no man can more than guess
at the trend of the cotton market and
Farm & Ranch would not presume to
a?. ise in the matter, it is safe to say
that all signs point to a better^mar
ket for good staple this fall and win
ter than we have at this time. The
situation is more bullish than bearish.
The reduction in acreage indicates
about a 7,000,000 bale crop. Reduc
tion in the use of fertilizer and more
than the usual supply of boll weevils
leads one to believe that the total
crop will fall far under present indi
cations. Again, the German mills are
being financed and other European
countries are very apt to increase
consumption, and if they do, the
world's supply will not appear nearly
as large as it did a few months ago.
Statisticians said, awhile back,
that the world's carry-over would be
around 9,000,000 bales. They were
counting bales, not spinnable cotton.
No one believes that there will be
3,000,000 bales of good carry over
or anywhere near that amount.' At
any rate it behooves cotton growers
to cultivate well and to grow and
save as much cotton as they are able.
As long as you have planted cotton,
save what you can.-Farm & Ranch.
Tobacco Growers to Make
Florence, July 21.-An indigna
tion, mass meeting of all the tobacco
growers of the South Carolina belt
will be held'in Florence at ll o'clock
Friday morning, to protest against
the low prices being paid for to
bacco. T. Benton Young, secretary
of the South Carolina Tobacco asso
ciation, called the meeting after he
had received requests from practical
ly all the markets of this section, to
take some action. Dissatisfaction over
the situation has been growing since
the 19th, when the markets opened.
The farmers are demanding that
something be done to protect their in
terests. Marion, Mullins, Kingstree,
Lake City, Manning, Hemmingway,
Sumter and other markets today call
ed Mr. Young over the long distance
telephone and said they would have
strong delegations at the meeting to
morrow. Mr. Young has been busy all
day today- answering queries from
individual farmers a's to what could
be done. He regards the situation as
serious. "Present prices are not pay
ing the cost of production,"'he said
today, "and this is particularly dis
tressing; in view of' the present-dire.
need for mone:* and 'the proper re
turn on farm products."
It was reported here today that
several markets had called off sales
on the opening date and since be
cause of the low prices. Some of
those who have continued to sell Re
liare there is no competition among
thebuyers, and that representatives
of tobacco companies have not yet
even received) buying instructions.
All phases of the situation will be re
viewed at the meeting tomorrow.
Census Figures for Charleston.
Washington, July 21.-The bureau
of the census, department of com
merce, has issued preliminary gen
eral occupation statistics for Charles
;on, which, though subject to change,
ire probably approximately correct.
The number of persons engaged in
?ach particular occupation will prob
ably not be announced until the tab
jlation of the occupations data, now
m progress, has been completed. This
?rill be about July 1, 1922.
According to the returns of the
14th census, there were 32,205 per
sons ten years of age and over in
Charleston engaged in gainful occu
pations in 1920, constituting 47.4
per cent of the total population of.
the city (67,957) and 58.3 per cent
of the population ten years of age
md over. In 1910 the 28,453 gainful
workers were 48.4 per cent of the*
total population of the city and 59.6
per cent of the population ten years
of age and over.
Of the gainful workers of Charles
ton in 1920, 21,662 or 67.3 per cent.,
were males and 10,543 of 32.7 per
cent., were females. The male gain
ful workers constituted 82 per cent.,
of all males ten years of age and
over in 1920, as against 81.6 per
cen., in 1910, while the female gain
ful workers constituted 36.5 per cent
of all females ten years of age and
over in 1920, as against 41.1 per cent
Of the gainful workers of Charles
ton in 1920, 10,320, or 32 per cent.,
were' engaged in manufacturing and
mechanical industries; 3,670, or 11.4
per cent., in transportation; 4,469, or
13.9 per cent.; in trade; 1,197 or 3;7
per cent., in public service; 1,607 or
5 per cent., in professional service;
7,665 or 23.8 per cent., in domestic
and personal service; 2,773 or 8.6
per cent in clerical occupations, and
504 or 1.6 per cent., in all other oc
cupations. H. W. R.
Prince Albert it
gold ht toppy red
bogt, tidy red tiru,
and half pound tin
humidors and in the
pound crystal glass
hu rr id or with
i ? ?
?CRIMP CUT .
LONG BUSKING PIPE AMD
! CIGARETTE TOBACCO \
. Copyright 1921
hy R. J. Reynolds
Buy a pipe
and some P.A.
Get the joy that's due you!
We print it right here that if you don't know the
"feel" and the friendship of a joy'us jimmy pipe
GO GET ONE! And-get some Prince Albert and
bang a howdy-do on the big smoke-gong! " .
For, Prince Albert's quality-flavor--coolness
.N f ragrance-is in a class of its own ! You never tasted
such tobacco ! Why-figure out what it alone means
to your tongue and temper when we tell you that
Prince Albert can't bite, can't parch! Our exclusive
patented process fixes that!
Prince Albert is a revelation in a makin's cigarette!
My, but how that delightful flavor makes ? dent!
And, how it does answer that hankering! Prince
Albert rolls easy and stays put because it is crimped
cut And, say-oh, go on and get the papers or apipe!
Do it right now!
the national joy smoke
DAIRY RECORD QUITE USEFUL
Profitable Practice to Keep Daily Tab
on Cows Where There ls No
Keeping daily records of the milk
yield of each' cow, where there is, no
cow testing association, is a profitable
practice. This is shown by reports on
herd records received by the United
States Department of Agriculture.
An instance Where a herd has been
greatly improved without increasing
Its numbers (by more than one cow)
is found in a report from Oklahoma.
Weighing and Recording Milk.
The dairyman's cream checks for a
given month amounted to $78.42, the
cream being obtained from a herd of
27 cows. One year later, after doing
herd-record work, he was able with
a herd of 28 cows, Just one more than
he had at the earlier date, to sell
cream to the vaiue of $223.60, or near
ly three times as much-a pretty good
return for care given to culling the
herd and improving the management.
While the current prices for butter
fat have increased somewhat, they
have not trebled in a year, so it is
obvious that there has been a large in
crease in the productiveness of Oie
I hereby give notice that Andrew
Walker is under contract to work for
me for this year and left me Sunday,
July 10, without my consent. I notify
all persons not to hire or harbor the
said Andrew Walker.
R. E. MORGAN.
2ENUINE ARNICA SALVF
We Can Give You Prompt Seryice
on MilhWork and Interior Finish
Large stock of Rough and Dressed Lumber on hand for
Woodward Lumber Co.
Corner Roberts and Dugas Sts., Augusta, Ga,
Copyrlcht 1909, br C E. Zimmerman Co. -Ko. 66
EVERY DOLLAR that you spend foolishly, every proportion?
ate amount of money that you earn that it would be possible to*
sc ve and do not, is only money that you have to work for again.
On the other hand every dollar you put in the bank is money
that is going to constantly work for you. Which is the best;
money always workinr for you, or you always working for
your money. Come in aud start that bank account. Don't put it
off another day.
BANK OF EDGEFIELD
OFFICERS : J. C. Sheppard, President; A. S. Tompkins, vice-President *r
E. J. Mims, Cashier; J. H. Allen, Assistant Cashier.
DIRECTORS: J. C. Sheppard, Thoa. H. Rainsford, John. Rainsfora,
M. C. Parker, A. S. Tompkins, J. G. Holland, E. J. Mims, J. H. Allen.