State Pub. Utilities Comm'n ex rel. Noble Tel. Co. v. Noble Mut. Tel. Co.
| Decision Date | 24 June 1915 |
| Docket Number | No. 10093.,10093. |
| Parties | STATE PUBLIC UTILITIES COMMISSION ex rel. NOBLE TELEPHONE CO. v. NOBLE MUT. TELEPHONE CO. et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Sangamon County; James A. Creighton, Judge.
Petition by the Noble Telephone Company, filed with the State Public Utilities Commission, against the Noble Mutual Telephone Company and others. From a judgment of the circuit court affirming an order of the State Public Utilities Commission, granting relief prayed for, the Noble Mutual Telephone Company and others appeal. Affirmed.
Alexander C. Mabee, of Chicago, for appellants.
Lynch & Martin, of Olney, for appellee.
Henry W. Schilling, the sole owner of the Noble Telephone Company, filed a petition with the State Public Utilities Commission to restrain the Noble Mutual Telephone Company and various individuals therein named from constructing, maintaining, and operating a telephone exchange in the village of Noble, Ill., or from rendering any telephone service which would interfere with the rights and privileges of the petitioner, and for such other order as to the Commission might seem meet. Upon a hearing the Commission entered an order that the Noble Mutual Telephone Company cease operating its telephone system in the village of Noble and vicinity and cease doing business as a public utility until it had obtained a certificate of public convenience and necessity, as provided by section 55 of the Public Utilities Act of 1913. From that order the Noble Mutual Telephone Company and the other appellants appealed to the circuit court of Sangamon county, where a judgment was entered sustaining the order of the Commission. This appeal has been perfected from the judgment of the circuit court.
The only question presented for our determination is whether the Noble Mutual Telephone Company is a public utility and subject to the supervision of the State Public Utilities Commission. It is conceded that if this company is a public utility, the judgment of the circuit court affirming the order of the Commission is proper.
For a period of about 10 years prior to February, 1914, various persons under the name of Noble Telephone Company rendered telephone service to the inhabitants of the village of Noble and furnished exchange service to various country lines. In February, 1914, the village board granted a franchise to Henry W. Schilling to do a commercial telephone business in the village of Noble for a period of five years, under the name of Noble Telephone Company. Thereafter Schilling discontinued the exchange service with the city of Olney and other points that had theretofore been given patrons of his lines, and increased the annual switching rates to the country lines from $2.50 to $3 per year, which increase in rates was approved by the State Public Utilities Commission. This action on the part of Schilling caused dissatisfaction among various of his patrons, and a movement was started for the purpose of organizing a mutual telephone company. An organization was effected among a number of the country lines and some of the citizens of the village, and a franchise was secured from the village in March, 1914, which was accepted on the part of those constituting the new organization. Thereupon the Noble Mutual Telephone Company began the erection of poles and wires in the village of Noble, and installed a switchboard and other facilities for making physical connection with the country lines and with various other exchanges in Richland and the surrounding counties. By its franchise the Noble Mutual Telephone Company was given the right, for a period of five years, to erect and maintain poles and to string wires thereon in the streets and alleys of the village of Noble and to conduct a telephone exchange. The company was required to furnish, install, and maintain at its own expense, during the term of the grant, one telephone at the village hall for the use of the village officers. The ordinance provided that the rights, privileges, and franchises thereby granted were upon the express condition that no person, firm, or corporation desiring to become a member of...
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