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Show IFiiiF ARE JUSTIFIED Government Files Brief in Pending Supreme Court Appeals. V SlfINiiTO.v. May -. Increase or t.tralal telephone toil rates by the pustmafl.-r u.-neral was defended in a linef il led by t lie government today 111 the supreme court in connection with ,,r,tv.iiS frrnn South I.ukota and MatiHa'-iiuHctts courts. The state authorl-th-y, In their uppealrt, have contended ti.at tliti iiKTcasc was an undue intcrfer-rno-! with their police, powers. Arguments in the proceedings will be heard Monday. Tho government brief d"clareH the suits in -til ii ted by the South Dakota and Miissjii'liiif-'tHtN authorities to restrain the p.i.-aiii;it;t.-r g-neial from increasing the rales were, in reality, brought against lb.- 1'nlted State?) without its consent and -hn'ild lie dismissed. The government ::-o unt'-ndH that in taking o.er control .itf the i.-iepliouo svidems of the country ih.- prexideni "placed tuem In the hands of the postmaster general and his repre-heniative. repre-heniative. under lh broad power given n : r; i bv tho resolution to manage as he (-,". w lit ," and thev thus were, in eiteet, added to the postal service and "became as much a part of the means of conveying ii"us or eomir.unicaiiun as the mail." "The. regulation of rates," the brief c.rri, "ay an exercise of power is the as-,-vri ion uf a right to tout rol H private buines. affected with a public interest and subject to a public use, so as to sub-jvl sub-jvl tho private properly to the public Tviee upon tho payment of just compensation. com-pensation. To this end, in order that the M-ivute right may not bo asserted to extort ex-tort undue compeus-allon for use, the power is exercised to regulate the price ("or use just as It might be to regulate the m-iee for tho property Itself if the fee w.tn brlnar taken." The brier denies that state police powers pow-ers are "Impaired or affected by not submitting sub-mitting the rates fixed by the officers of the United States to stMr. control." be-; cause not only the police regulations of j i h-- state do not aiYn:t rates made by the government Itself, but 'the pollco power -lues nut extend to such a subject. "The public," the brief adds, "has act'd and fixed the rate when tho public officer offi-cer of the United States fixed it." Tho government contends that state iMblie utility commissions were never au-U. au-U. m fined when created by the states, nor s-i n-'e, to deal with the rates of public utilities operated by governmental agen- its. |