Show EMINENT FOR INDEPENDENT Court Federal Court Holds Bell Belt Tele Telephone T te phone Company Must Permit Connections RIGHT OF USE INVOLVE Montana District Judge Rules Rules' Rule RuIe that hat Practically Both BotI Sy I Ar Are Public Utilities Republican Special ServIce Service Helena Mont Aug u L o oV AV W. H If Hunt font In tho time United States Stare coart han landed cd down a a decision to the thc effect that thai one nc Ite telephone l l phone company mu must t upon thu th p of reasonable charges charges' for tl U tIc le grant rant to r le even cn hou h long distance has bus attracted much mitch throughout the thc country While the thc dc dc- cl I bOon lon was wa rendered by IJ a Ii federal re CU court coui Its Is hi application Is confined to hu hung InG ng constitutional lonal provisions ro s similar 1 t l tImo Is those hose Imo of r this state The Tho tItle Ullo of oC the suit was was that o of tIme the ll Mutual ill t a Telephone company Y the Rocky Mountain Belt Tele- Tele l le lc- lc lion company In lii his o Ju Judge SI Hunt lunt says gas The Time is if a company operating Somi o In Iii use uc lit hI lits litS Its s c Mont l The Thc dc tie own anti operates u a long Ills dh- tonce nice telephone n i line lino urt lo 10 local al ex eo in i I many Ilis within Mont The hc tic dc- eC e- e C a II general gen long ial-long distance business hll anti and a local I ue In lit the city of oJ ell lc to make agreement agree agree- ment cat tho fol bv uy lUchi It H could connect Its Us I ll the tho long lOllS distance III of or the lIe he But Bul the d en ant has refused lerU ell to grant g-ait time thc of oC a connection id us use of Ms ts line linc In any manner as b blow blow low plain Its to 0 to connect l KB lift telephone st stem lcm with lie long IonS distance e line hue of dt the e C defendant t rite Tho complaint complain t a ask s j the theurl court url ant to to l to plaintiff a 1 right i l l to con con- ct Ui tel telephone wit with the ho lon long lone dis- dis tance ride telephone line HMO of or the thi defendant at aL flIngs s upon such terms and tOil l for or sU such h as tho lie court may nitty dc m Just ani Q ui plaintiff r prays iHas Mm the tho C curt pi y proceed tJ by law Jaw to tIme tho rl 10 b maCeL t anO Ole lie vault alIo of th the thu serViced service 1 d us o of 1 C line oIL Shiy He lie B It Il 11 is V I iy c clear car Hint t plaintiff l l has itati a CI the rc c n n ci pf llo tp state stat to Its telephone t e with de tie I Full rull ulf lf J I by ir rin ia law v ble regulation is ro to Te to ho bo given iven to lo the Ito provision elv git IHK ing the tho right to connect some somo and erred effect to this his constitutional Igl I-Igl right t of or llon by hv tin the notion n Llon bf or tho the Ie l IH hi lii 1 1 en cn- fl t section ti l loot 1001 I rl n code ML tin thOr o of or I Iho the tho constitution rho ho question Is sore ro r what hits Juu ins n Ji Riven Jin n mid anti to lint has 1 o ll nation n id uJ A A more 0 of or tole ide 1 IS or O tt ft Ro unless i lr ht or of else uro I h oA it ny tie tho ivor VOr or the or I.-or LouiS LouiS' tin do the c tH Is to lO b it wn to e hl JP p lines Yo conill urn Ili pose think on n tun tuili n tl rIg of Ii t 11 I In by 0 tolo- tolo l n In phon l lion more mid Loi It to 1 h I ii ec t J i i In- In Ml word us u v tho statute In WIn J the ilio night might be he accepted t. t as tS a Jn of the tho constitutional of connection tho Out lInt If my of or 1 is to broad brond It can can 1 not riot be doubted 11 that lint tile fe J kept Its Us when It Jt provided Wc for rOI acquiring u n fight of o usi- usi CYOn thought such constitutional right hL might be he an extension of or l authority I 1 think that tim the thA o iii-o that thai way may beLCi bo uc aC acquired luh II I rOt lf b by liv t the Ii e pin plaintiff I it t I IT company is jg such as ns is It practicable by a n. like that had In the thc evory ory ry day lay sor sor- defendants defendant's wn connections i riCe with This Is ts feasible by u a plan of or between the where the time maintained twitch switch or flu toll toil boards are aro The rhe defendant company would then re- re receive the time business as us from rota the plaintiff business coming comins us It HOW now r receives its us subscribers Its own fIo rom rota one olle of or owing to pos pos- It may even be hc that switchboards differences In iii the an on auxiliary 0 ap OJ- of if tho time two companies L. L that t is ir I. I win will bo be arr l but ut th a also a a. matter of or median leaf adjustment adjust adjust- t- t ol ci o at ut all ment not riOt unusual or 01 arrangement ln emen t. t V. V 0 The Time right to use uso is hu tile thing time the la tan law be he acquired has lias said may in- in proceedings 3 arc Where appropriate as ns In iii this lii case ease It Is the tho right rl hl hlo be ho acquired an and tin tho is to that o of lI use C method by which roas nabie practical ho bo enjoyed is use b by n ti II the tho right light may connection made matle so that tho Limo otto one company com coni call can tin the itt may nutty by h h Its operators patty pany anY which other company compau operators operators o of lie distance bunnies must receive c the tho long bug of or the subscribers of o the tho plaintiff II company com coni and cnn cart for the samo same very vCr much muchas pany of its i Ls VII II as I It t would woul I like lIce I Ic c business sicre Lw In other wor words o patrons companies owning t lines hues 01 ol or telephones In lit Montana Mol cannot a a thc time compensation for or the lie lIge upon of connection and c. use the law ol or Montana obliges the Ilio th one to Submit tc n lq connection with the other othet and upon of damages e t to- to tobo bo be Hl assessed s cd payment submit na c find and to to to accept acc a use that It ml might hl not aol necessary to a. a wish to accept or 01 allow anti and could not noL be lie compelled to tont nt accept ui ur fo for tin thu allow were It not Hr of the constitution n nn and laws of J tin the state It follows olious's that thiU ls is Its rl rights when It invokes the loin domain for of it r eminent wide w distance rite file us us' public use sc defined is 5 t ty l clear clearly convenient stint and of great berte sought nought ow Is lit fit to fo lie Uio public nubile J There will be tIe IK at of do o. o Of OI islon 1 taking In the sense c i corn company Ia hY ni el jornt 11 t o pi I l. Its but t ra rather r n nn t Il of or u 5 operating limited use Ruc such RH A a and offers to em hug ing In a tL telephone system p necessarily surrender j to t tit toh h tt 0 patron its lines hues arc being used or I con when greeted 1 Defendant paving Us its system subject to reasonable Im- Im bo be put Upon IL ILby ILby Unit t alight iBid Hud laws of QC I UI by hy the thc constitution lotion I such Hueh 1 ii to allow duty duly Is IS' under a 0 stale LttIe unit nail uso wo JIK tu a 11 Is tied above |