L. 144]

is required at Britton, is justified upon the record in this

case.

Under the statute it appears that there are two things for us to determine. Does the public service demand such connection and, if so, are the lines of the applicant in proper condition? From all the evidence it appears that the people served by the companies, parties to this case, experience all of the inconvenience and annoyance usually experienced in any community where duplication of telephone plant exists and dual service is attempted. In former years there were numerous municipalities in this State at which exchange service was furnished by more than one telephone company. In every instance the duplication has been eliminated except at those towns at which the Dakota Central Telephone Company and the SocialHecla Telephone Company are each operating a plant, the elimination in every case being brought about by the telephone users demanding an improvement in the service.

In the case of Janicke v. Washington Mutual Telephone Company, 96 Kan. 309, 150 Pac. 633, the Supreme Court of Kansas aptly described the situation and annunciated the controlling considerations as follows:

"Two telephone systems serving the same constituency place a useless burden upon the community, cause sorrow of heart and vexation of spirit and are altogether undesirable. The Public Utilities Commission with its power over rates and efficiency of service can quickly suppress any evil consequences of monopoly, and good public policy favors rather *han discountenances a single system."

From all of the evidence, it appears that public convenience and necessity demand a more efficient toll service which can only be obtained by means of a connection of the long distance telephone lines of the Dakota Central Telephone Company with the exchange switchboard of the Social-Hecla Telephone Company at Britton, and it likewise appears that the line or lines of the applicant company are in good condition.

From all of the evidence, we are of the opinion, and conclude, that an order should be entered in this case requir

ing and commanding the Social-Hecla Telephone Company and the Dakota Central Telephone Company to, within thirty days from the date thereof, install, establish and thereafter maintain a physical connection of the toll lines of the Dakota Central Telephone Company with the switchboard of the Social-Hecla Telephone Company in Britton for the receipt and transmission of long distance or toll messages, the cost of installing and establishing such physical connection to be borne by the applicant, the Dakota Central Telephone Company; the companies, parties to this proceeding, and each of them, to be required to execute, enter into and file the usual exchange contract or agreement covering toll line connections at exchange points, it being understood that the Social-Hecla Telephone Company will have permission to route business originating or terminating at its rural party line subscriber stations over rural party line equipment without the imposition of a message or toll rate or charge, and it likewise being understood that the Dakota Central Telephone Company will dispose of or otherwise withdraw its property now devoted to the purpose of furnishing exchange service and otherwise discontinue the operation of its local exchange in Britton.

Let an order be entered accordingly.

Done in regular session in the city of Pierre, the Capital, this twenty-second day of November, 1923.

ORDER.

On this date the Board having completed its investigation and made and filed its report containing its findings and conclusions thereon, a copy of which is hereto annexed. hereby referred to and made a part hereof, and the Board being fully advised in the premises and sufficient cause for this order appearing,

It is ordered, That not later than the twenty-second day of December, 1923, the Social-Hecla Telephone Company of Britton and the Dakota Central Telephone Company be,

[S.

L. 144]

and they are hereby, required and commanded to establish and install and thereafter to maintain a physical connection of the toll lines of the Dakota Central Telephone Company with the exchange switchboard of the Social-Hecla Telephone Company at Britton, the cost of installing such connection to be borne by the Dakota Central Telephone Company, and

It is further ordered, That upon the completion of the installation herein required that the said Social-Hecla Telephone Company of Britton and the Dakota Central Telephone Company enter into an exchange agreement or toll line contract, such agreement or contract to contain the usual terms and conditions authorized in contracts filed with this Board covering like connections, including a provision that the Dakota Central Telephone Company will compensate the Social-Hecla Telephone Company on the statutory basis of 5 cents on each incoming and outgoing toll message, the said agreement or contract to contain a provision under which the Social-Hecla Telephone Company will be permitted, if it so desires, to route or handle business originating at rural stations located beyond a switch or second exchange, where rural line facilities are available for the handling of such business, without the imposition of a message rate or additional charge; and that messages originating at exchange stations shall be considered toll business and routed over toll equipment. November 22, 1923.

WISCONSIN.

Railroad Commission.

In re APPLICATION OF THE WISCONSIN TELEPHONE COMPANY FOR AUTHORITY TO ISSUE STOCK.

S. B.-1924.

Decided October 30, 1923.

Issue of Stock Approved.

CERTIFICATE.

Be it remembered, that on the twenty-sixth day of October, 1923, the Wisconsin Telephone Company, a public service corporation, applied to the Railroad Commission of Wisconsin for authority to issue $11,000,000 of common stock, and for that purpose filed with the Commission a statement duly signed and verified by its president and secretary as required by Section 1753-9 of the Statutes.

That it appears from said statement that the corporation desires to issue $11,000,000, par value, of its common stock for the purpose of securing funds with which to reimburse its treasury for expenditures heretofore made and from time to time hereafter to be made for additions and extensions to its property and plant, and against which no other securities heretofore have been or hereafter shall be issued, and also for the payment of indebtedness heretofore contracted for the construction, acquisition, extension and improvement of its plant and facilities, and all for purposes properly chargeable to capital account.

That said corporation duly and satisfactorily compiled with the requirements of said statute, and the Commission, after considering said statement and the evidence before. it, found and determined that the proposed issue of stock is lawful and for lawful purposes, and reasonably necessary for the purposes of the corporation.

144]

Now, therefore, the Railroad Commission of Wisconsin hereby authorizes the Wisconsin Telephone Company, a Wisconsin corporation, to issue stock as follows:

One hundred ten thousand shares of its common stock of the par value of $100 each, making a total issue of $11,000,000.

Said stock shall be issued and sold for money only and at not less than the par value thereof, and the funds derived therefrom shall be used for the purposes set forth in the second paragraph of this certificate.

Said Wisconsin Telephone Company shall file with the Commission verified statements showing the amount received from the sale of stock herein authorized to be sold; such statements shall be filed within thirty days of the time when the unreported amount received exceeds the sum of $1,000,000.

Said Wisconsin Telephone Company shall file with the Commission verified statements showing in detail the items to which the entire proceeds of the sale of said stock have been applied; such statements shall be filed within thirty days of the time when the unreported amounts expended exceed the sum of $1,000,000.

Said Wisconsin Telephone Company shall not issue the stock herein authorized or receive any money therefor, either directly or indirectly, until this certificate shall have been recorded upon the books of the corporation.

In witness whereof, these presents have been signed and attested by the Railroad Commission of Wisconsin, at its office in the Capitol in the city of Madison, Wisconsin, this thirtieth day of October, 1923.