TELEPHONE CASE
IN COURTS HANDS
Attorney General Schaffer
Hotly Attacks Federal Pol
icy in Closing Speech
The State's action against the
Bell Telephone company for in
creasing rates, as ordered by the
postmaster general, is in the hands
of the Dauphin county court. It
was submitted shortly after G
o'clock last evening, after an argu
ment that was marked by sharp
criticism of the federal authorities
and a plea to the Dauphin county
court not to interfere with the na
tional government.
The orders for increase of tele
phone rates in Pennsylvania were
declared by Attorney General
Schaffer to be unwarrantable exer
cise of authority even under the
presidential war powers and to be in
effect an attempt to raise revenue
notwithstanding the fact that the
right of taxation is expressly reserv
ed to the states. The Bell counsel
contended that the company was
merely an agent, and made a plea
to the Judges not to bring the state
courts into conflict with the Federal
courts when the war was not yet
ended. The United States govern
ment held through United States
District Attorney Burnett that the
Dauphin court was without juris
diction in the case but did not inter
vene.
At the close of almost four hours
of argument, which was among the
most interesting in the Dauphin
court in years, President Judge
Kunkel directed that briefs be tiled.
The State secured a preliminary in
junction a week ago, and asked that
it be made permanent on the ground
that the advance in rates could not
be considered an exercise of war
power, as there was no emergency
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WEDNESDAY EVENING,
when it was ordered and the armis
tice had been signed. Emphasis was
placed on point that there was
no question of ownership, only su
pervision and control. In opening
i Mr. Schaffer assailed the postmaster
! general for sweeping aside the laws
of the state, and in closing asserted
that he had exercised arbitrary
power and that Pennsylvania would
not endure tyrannical use of author
ity now any more than it had in
years gone by. The authority con
ferred in the wire control bill is not
as broad as in the railroad law, and
rate making, held Mr. Schaffer, is a
state matter.
Thomas Patterson, of Pittsburgh,
| and J. L. Swayne, of New York,
counsel for the bill, agreed with Mr.
I Schaffer that the question raised in
| volved state rights and was a far
j reaching proposition, but Mr. Pat-
I terson saying that this action being
I taken under war powers, which
| when exercised by the President,
i cannot be stayed by any agency, it
| would be "unfortunate" if any con
| flict occurred between the federal
and state courts and that iresist
ance by Pennsylvania would go
around the wold and damage a
repute for loyalty second to nbne.
Mr. Swayne said that the war powers
of the President were irresistible and
without limit, and that in proclama
tions and orders certain ones rela
tive to wires had been delegated to
the postmaster general.
The Bell attorneys, in replying to
Mr. Schaffer's contention that the
■ emergency under which war powers
could be exercised had passed, called
attention to the fact that American
soldiers were occupying bridge
heads on the Rhine and fighting on
the snowy plains of Northern Rus
sia as proof that war had not ended.
The telephone company, they de
clared, was merely an agent, paid
so much for the use of its property
and facilities and under the post
master \ general. Therefore, they
reld, the company could not comply
with any order, and any process, in
effect, would be against the Presi
dent of the United States. They
produced numerous citations from
recent court decisions.
The .attorney general, in closing,
| said that no custodian for war pur
poses could override State law,
especially when a corporation cre
ated by Pennsylvania and under su
pervision of its public service com
mission was involved. The increase
of rates without approval of the
si ate, lie charged, was an invasion
of state rights dating from the for
mation of the republic, and insisted
that for everything the President
does he must find authority In the
constitution, in law or in a court
decision, saying "neither he nor any
satellite can challenge the sover
eignty of a state." He declared that
what the postmaster general has don u
is "fundamentally wrong," and that
a raising of rates is no exercise of
war power. He said courts shpuld
stay the hands of thq postmaster
general, and courageous Pennsyl
vanians assert liberties guaranteed
to fhem.
Judge Kunkel discussed with Mr.
Schaffer possibilities of punishment
in event that rates were enjoined
and Mr. Schaffer said the result
might be some difficulty in getting
the light party. He also asid peo
ple might refuse to pay the in
crease, and when sued could raise
the issue. He told the court toward
the action of the federal authorities
was discretionary exercise of power.
Colonel Roosevelt's Widow
Leaves to Visit Grave of
Son, to Tarry With Sister
New York, Feb. 6.—Mrs. Theodore
Roosevelt, widow of the former Pres
ident. was among the passengers on
the French liner Lorraine which sail
ed from here today. She will vi-it
the grave of her son, Lieut. Quentin
Roosevelt, who was killed in an air
plane battle over the German linss,
and also plans to spend several
weeks with her sister, Miss Emily
Carew, who is doing war work in
Italy. While in France Mrs. Roose
velt will see her sons, Lleut.-Colonel
Theodore Roosevelt and Captain Ker
fcit Roosevelt. How long she will re
main abroad was not announced.
Roosevelt Memorial
Meets to Be Held Over
Country Sunday Afternoon
New York. Feb. s.—Memorial ser
vices for Theodore Roosevelt will be
held under the auspices of the Amer
ican Defense Society In more than
seven hundred cities throughout the
United States next Sunday afternoon
at 4 o'clock, it whs announced today.
Services also will be held in Hawaii]
Alaska and Porto Rico at the same
hour.
N. C. Stockholders
Vote to Increase Debt
Philadelphia, Feb. s.—Stockhold
ers of the Northern Central Railway
Company at a special meeting yes
terday authorized an increase in the
company's indebtedness of $8,216 -
000.
As the company is chartered un
der the laws of Maryland, as well
as Pennsylvania, another meeting
•vill be held in Baltimore to-day to
.'ote on the increase. This action is
lecessitated by the laws of Maryland
and Pennsylvania, which provide
that increase of indebtedness must
he authorized by the stockholders
icfore any action can be taken to
fund the expenditures being made
or the improvement and betterment
I' the company's property.
The amount expended, and not yet
funded, at the dose of 1918 was
ibout $5,000,000 and allowance is
nade in the present provisions for
uture requirements. The securities
.vhich may bo issued will 1 be taken
by the Pennsylvania Railroad Com
pany, which operates the Northern
Central under a long-term lease.
Extension. Course For
Mouiit Union Teachers
Huntingdon. Pa., Feb. 5. —Dr. C.
C. Ellis has been conducting an ex
tension course in Mount Union for
the past few weeks. This course is
planned primarily for the teachers
of the Mount Union schools. Classes
are held each Thursday afternoon.
This is a part of the greater Juniata
plan to reach out and be of help to
the community and not confine its
activities to College Hill alone. In
addition to this work at Mount
Union other members of the college
faculty have been called to some spe
cial work.
Sinn Feiners in England
to Be Released Monday
By Associated Press,
Ixindon, Feb. 5. —A dispatch to the
Central News from Dublin says it is
definitely stated there thit all the
Sinn Feiners interned in England
will be released Monday morning.
"The Live Store" ' "Always Reliable" I
The Big Week of Our I
MARK-DOWN SALE
I Where Everything in Our Entire Stock Is Reduced Except Arrow Collars, Manhattan Shirts and Interwoven Hose
This is the "Big" week of our great- * I
est Semi-annual Clearance Sale The values B
I we are offering certainly is bringing out the people to this /
"Live Store" as never before But there's only one way tl
we do things HERE, that is the regular way—We are going 4
/ to ask you to come to this wonderful selling event Thurs- ** J7l 1 1 A
day and Friday, if you possibly can, in order that we can TpMl \ mVjfev
relieve the immense crowds who will be here on Saturday,
for this record-breaking sale is attracting buyers within '•
• miles around this territory, who know our methods of Ik
doing business and come HERE for genuine reductions. A
Hart Schaffner & Marx I
Kuppenheimer & I
Society Brand Clothes Rip |
What a relief it must be to a cus- HSW
tomer to know that they can go to a store that
does business "on the level" and buy dependable mer
chandise at such low prices as it can be bought for at
Doutrichs A store that don't need to make apologies for
not having the size style they want We don't blame the
weatherman for our mistakes and we don't hunt any
excuses for not doing business, it's quite the reverse We
are the ever busy store because we have the kind of mer
chandise our customers want to buy and while we say it
modestly That's why we are getting such an enormous
business.
I Thursday and Friday the Big Days
"Every Suit and Overcoat in this Semi-Annual Sale"
I All $20.00 Suits and Overcoats $14.75 All $40.00 Suits and Overcoats $29.75
1 All $25.00 Suits and Overcoats $19.75 All $45.00 Suits and Overcoats $33.75 ■
I All $30.00 Suits and Overcoats $23.75 All $50.00 Suits and Overcoats $37.75 I
| All $35.00 Suits and Overcoats $26.75 All $55.00 Suits and Overcoats $41.75 I
if All $38.00 Suits and Overcoats $28.75 All $60.00 Suits and Overcoats $45*75 9
I L Underwear 35c Brighton Garters 19c "Freeland" Overalls $1.69T I
I All SI.OO Underwear 79c = "Blue Top" Overalls .... ... . . .$1.89 5
9 l All $31)0 Underwear .!!!!!!!!. All $1.25 and $1.50 "Sweet Orr" . . Itgfc i/t) 9
f All $4.00 Underwear $3.19 Blue Chambray and Black Sateen Shirts Signal P J/|IJ I
| J All $5.00 Underwear $3.89 99c "Headlight" I
All Boys' $6.50 Suits and Overcoats . $4.89 All Boys' $8.50 Suits and Overcoats $6.89 All $12.00 Suits and Overcoats $8.75
All Boys' $7.50 Suits and Overcoats . $5.89 All Boys' SIO.OO Suits and Overcoats $7.89 AH $15.00 Suits and Overcoats $10.75
I t"/ hirt f I ifaUiilWiWf AU Sweater. I
I e Uce Reduced I;
XDLRRISBURG lSs3k TEEEGH3CPH:
FEBRUARY 5, 1919,