Show PHONE HONE fiATt BRIEF FlIED FILED I t BY A Senator M Maw w Ir Presents sen S 'S Sum Sum- m mary t S State ate Utilities tiJi ties Body Sody hin of th the controversy sy over over rates charged Logan subscribers by y the Mountain Stat States s Telephone on arid Telegraph company d step closer los r Friday when S State Slate at Senator Herbert lerbert B B. Maw counsel for lor Logan lied a aJ bri brief f supporting his motion Hon for or an immediate rate reduction wi wl wih h he the the the- state utilities commission This action followed c completion of the he hearing on the case three weeks ago The brief charges that Logan rates are discriminatory because they are are higher than those charged In Provo although conditions are are comparable Senator Maw seeks t td have the rates rates' reduced before s settlement of the statewide telephone casc case instituted by the c commission on its own own own- motion Combats Claims Much of the brief is devoted to refutation of the objection ion th that t such sucha a a temporary temporary- order reducing rates would deprive the telephone c company corn com m. m pany of property without due pro proof process of of Jaw Senator Maw assured the commission commis sion slon the order could not be successfully successfully successfully success success- success success- fully resisted by the t telephone corn com com- the ground of confiscation Conceding a court might set aside the order if it reduced reduced rates until unU the utility could no not earn a fai fair return n II Sen Senator tor Maw asserted that courts have bave interfered only in extreme cases where it appears appear the comm commission commis sion zion has acted in an n arbitrary man man- n. n 1 ncr ler or wh where re the unreasonableness of the r rate fate te has been determined over overa a period of time Senator Senator Maw Maw pointed out the gross revenues revenues' involved will be only only- per year such a it cannot affect the total earnings of of f the company com corn pany to toan an art appreciable degree Claims Justification He also argued that the commission is is justified in assuming the Provo rates are arc reasonable si since ce the law requires that only reasonable rates charged be-charged and that since Since conditions conditions in Provo Prove and Logan are comparable the Provo rates would be reasonable in m Logan In uIn view yiew of at these fa facts ls it is is' almost li-almost almost certain no there was n no fot granting the motion ot oL the city ot of n grounds C r fis a ti the ic brief brIf j i I It It cited a Ii States Statis supreme court case as holding that such sch a tern tern- order is not unconstitutional L on the grounds of confiscation ev even x n L if the tribunal al issuing the order is L t convinced further cha changes may be necessary in the future This I case easel Senator Maw argued gave the gave the com corn mission justification to order a tern teni rate reduction nit lt it believes it-believes I pres present nt rates are di discriminatory even though the commissioners orrin are convinced further further- adjustments may be necessary later The telephone company will have an opportunity to f ilean answer then the commission will willi its de de- de cIslon I Consideration tion of ot the statewide telephone telephone tele tele- phone rate case has been continued until October 15 to enable the She he tele phone company to complete comple e a tIon of ot its property In lit te |