Show TELEPHONE REGULATION i IN if County Attorneys Attorney's Opinion 1 t Come Before Board Of of Commissioners Today s CO CONCERNS OTHER UTILITIES q Corporations Interested Op pose Proposition to Regulate Servi Service e and Rates I P. P the county count W WHETHER will ask the county law I department depart ment to prepare an un ordinance li ir conformity with iti the opinion of Van Dam relative e te tl a public ordinance und under which r the county count ma compel th the telephone company compan to g satisfactory service to county count patrons patron will be lC det determined when the Ion slon receives the opinion from Cram the at torney which probably will be at it regular session lon this morning m jJ n The Incident which raised the n ques ei and In turn called for Cor or th the o of th the count county attorney arose application of oC the tile Mountain State Telephone rel Telegraph raph company for I franchise to extend Its pole line tw I blocks on ott Seventh East In the count district 5 Commissioner d. d J. J F. F Stillman hold m up the application declaring there was val complaint among limong- the count county patron of oC the telephone company that th tto the company required d too many subscriber r tc tl use the same line lino thus reducing th the efficiency of oC service to each enCh subscriber Mr declared there was complaint corn com plaint from Crom his own wn line 4 i Would Limit Traffic j j Mr Mi Stillman said ho lie thou thought ht there then should hould be some way wa way In which to compel compe the company to limit the traffic on on t n party part line to a number that would no not Interfere with service to patrons Hi H hat had the matter referred to tha count attorney for examination of or the tile compans company's com corn pany's pans franchise to determine If IC theris then Is anything In th the franchise which would give the commission power pov t 1 compel the company to limit the num her ber o of subscribers or give patron patrons better service sel or b by which th the com corn mission might regulate the rates u to he be Th The t telephone ma matter Is If the question before re us us the county attorney said and It Is presumed that the commission commission com corn mission may If It desires ask that tha an ordinance ordinance- r. r be drafted providing pro regulation regulations regu regu- lation which will limit tho the number o of sub subscribers rs on a party part line compel tin com company pan to give better service am ann under which some omo regulation at least leas may be had hat pt QC the rates to be bo charged What hat will be done In this way S however however however how how- ever remains for fOI th t to de dp- and Is not not for COl the attorneys attorney office to ga say Commissioner Stillman said he would not have an ordinance to regulate the rates and service of ot the telephone con conj coni pany pan r ready ad to Introduce toda today I 1 can cannot sa say what we will do Inthe In Ir inthe the matter until aff r we meet am and discuss the tie opinion said Mr Stillman Commissioners Jesse H 11 II Wheeler heeler and aad A. A H. H Crabbe said th they had hat not given gl the tho matter any attention and had sot not read the opinion of or He t Van Yan Dara Damu as assistant count county attorney l R Rely l on oD Pr I hll 0 i The officers of the thc f loun t In States Telephone Telegraph company compau were ere reticent to discuss the matter and said the they would rely on their franchise hr lq 1 dealing dealing- with the county commission ers erSt A. A H. H De Dc r manager would not discuss It but C C. C C. C Campbell district manager manas-er and anti Samuel Neel Nee I said the telephone compa would fight an attempt or of the Ule count c to regulate service rats rates It admitted ad ad- 1 LA j Jl or f t J V was IV 9 b by tho telephone company compan officers officers orn cers that it In the co 1 districts several soy sev eral crab telephones are placed on OR a single zingle line lino owing to the comparative scarcity of or population and the expense of oC building build i ing ing- new lines to reach ever every new subS sub sub- S scriber en be bore r. r Mr C Campbell asserted that all of ot the h public utilities bablY would In Hi opposing an ord ordinance r nance regulating senIco senIco sen Serb Ico ice or rates It was 18 asserted b Mr Ir Neel tha that a as Oregon Short Line Lino the Utah Light LIht and aM Traction c mp ny and other othel public utilities were Interested Interest Interest- ed In the right rl-hl of c county commission commissioners ers to regulate in th county districts outside of or tho c city t they had called Paul Williams a a. a t. t member of oC the legal staff of the Oregon Short hort Line Into conference Mr Ir Williams turned lh the matter over o t to George Harris Smith general counsel for the tho Oregon Short Shor Line Lin for tor an opinion This Ilis was done doneIt it was Vas stated bythe telephone officials because all for opinions and all air HI a x mi nn th lt must fr from m the telephone company's r i s shi i h-i headquarters headquarters head head- d. d quarters In Denser Dearer Power or of r 1 Mr Ir Smith asserted as that If Ii the this county commissioner have havo the ri right ht to regUlate regu regu- late lato one pub public Ie utility they have ha the ri right ht to regulate all I ife lie e lifters differs from Assistant nt C County Attorney Van nil Dam Damand Damand al and d says th lap as as quoted b by M Mr l j jVan Van Dam Darn does not give s the county count com com- missioners ti the to rc regulate publio utilities In ir t the t Country dl districts All 11 public JoI where they ther opet oper atc ate outside of oC municipalities operate under R a a franchise granted ranted b by the cou county commissioner r said ald Mr Ir Smith rhe franchise Is Isa la contract between een th the county a aid d thi the 4 company compan If It the commissioners com missioners not did not reserve the right t to regulate se serce ce and rates or there was IS no lie ordinance compelling utilities to subscribe to that Mint right then the utilities J ties tics are ale not hot Jound to permit the county commissioned sl to regulate For the county m c to attempt to j pass ait an ordnance creating a a. new obligation gation atlon on t public utility when Its J franchise sets out It Its contract con COll tract with fie e county t Is nothing morn more than a law Abrogating the trie 1 terms of ot a Ion tract which Is unconstitutional ih franchise franchiso must be fol Col- Col ol to On tin letter both b by the utility 1 and th the thu commissioners As As having ln the rl right ht pollee power to rc regulate service nl aid rates rates ratu nothing could b be I- I farther the Intent of or th the law POr 10 lice powe all nil l laws WS relating to health v happiness and public t welfare r m n a sanitation and amI moral morA aide sile l Ie bu t I It has as never ne been Invoked to public utility until no now nova I 1 doubt the logic of the opinion sent ent th county count commissioners T I its he f Lc may mav re regulate public utilities ties In wa way but as 38 to cOunt cOun- cOun t ty extending the police polica i 0 count county over Or a part lart of ot a pub puo- pub t lie util 0 y V. V I doubt If the experiment has eve o been een tried I t |