Show II I I I I I I 1 HIGHER TOLLS ON WIRE LINES UNES ARE DEFENDED Government Files Brief in in- inS S Supreme Court Against State Arl Appeals eals Washington May ay 2 Increase A-Increase of intrastate in- in telephone toll rates rules b by the po postmaster general W was S defended in m a aI I brief briet filed by br t the e government today I In the supreme court t-court court in connection with pending appeals appeals' from South I Dakota and Massachusetts court courts The i j I state stale authorities I in iii- their appeals have conten contended ed th the tho Increase was an interference police powers powers Arguments in t 1 pr proceedings will be r heard The government brief declares th the rhe suits instituted 15 by the South Dakota and Massachusetts Authorities t to r re restrain fc- fc I strain o fm totI r i rom ra from in increasing increasing in- in creasing his Ilia rates Were yere In tn In reality brought against the United St St. States te without its consent and should be dip dis ml missed oed The government o also conten contends s I that in taking over oer control ot Df r tho the telephone s systems of or the country countr h nw hu President placed them in tho the hands ands of the thc postmaster general and his representatives representatives r under under tho the broad power powers given him by the resolution to lo mana manage c cas as ho j saw sav aw fit fit and amid I nd they thus were er in effect added to the postal service and became as much a a. part of or the means of or conveying news or communication as the thc mall malt The Tue re regulation o of rates rate tl the Hie brief said as an exercise of or power is the assertion of ot a ri right ht to control a private rate vate business affected v with ith n a public Interest and subject to a public use so 30 as SS to 10 subject the thc private property to th the public service upon te pa payment ment of just compensation allon To this end In order that the private ri right ht may mar not be asserted to extort undue compensation a.- a. tion lion for use the power is cj to Tp regulate the for use Just as it might be to regulate reg the price for Th the property itself i if the fee tee was beIn taken The brief d denies that state police powers arc are Impaired or affected by not submitting the rate rates fixed b by the officers of the United States tes to state tate control because e not only onh the police re regulations of oC the state do 10 not affect rates made macic b by the government Itself but the police power does not extend to such a a. subject The Tue public publiCo the the brit brief f adds has acted anti and fixed tho the rate when the public officer of or the United States Slates fixed It U. U The government contends that state public utility commissions were nC never nCr r authorized when hen created b by the stat states 9 nor since to deal with the rates of PU pu JI J- J lic lie utilities operated b by governmental agencies |