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.L. 145]

to be refunded, said company shall file with the Commission certificate or certificates (in duplicate), showing the cancellation or cremation of said bonds and said notes; and that upon the retirement of all of said bonds now outstanding, said company shall file with the Commission a certificate (in duplicate), showing the release of the mortgage securing said bonds.

(6) That said company shall, prior to the delivery of any of the bonds herein authorized to be issued, cause to be printed, stamped or engraved upon the face of each of said bonds, for the proper and easy identification thereof, the following:

ILLINOIS COMMERCE COMMISSION,

Authorization No. 1515,

October, 1923.

It is further ordered, That The Rossville Telephone Company be, and it is hereby, charged an amount equal to 10 cents for every $100 of the bonds herein authorized to be issued, said charge amounting to the sum of $40.00, and that this order shall not become operative until the amount of said charge shall have been paid into the State Treasury.

By order of the Commission, at Springfield, Illinois, this twenty-fourth day of October, 1923.

In re PROPOSED ADVANCE IN RATES OF THE MILLSTADT TELEPHONE COMPANY.

Case No. 13075.

Decided November 14, 1923.

Increase in Rates Authorized.

OPINION AND ORDER.

On February 9, 1923, the Millstadt Telephone Company filed with the Commission Rate Schedule Ill, C. C. 3, in

which it was proposed that rates for telephone service in Millstadt, county of St. Clair, and vicinity, be advanced and in which it was further proposed that such advanced rates become effective on April 1, 1923. It having appeared from an examination of the said schedule that the Commission should enter upon a hearing concerning the reasonableness of the proposed rates, the said schedule of rates was suspended until July 27, 1923, and subsequently resuspended pending complete investigation.

All interested parties having been notified, the matter came on for hearing before the Commission on September 6, 1923, and evidence pertinent to the issue herein was made a part of the record in the cause. The Millstadt Telephone Company was represented by A. J. Mollman, secretary, and no one appeared objecting.

From the evidence of record it appears that the Millstadt Telephone Company is furnishing telephone service to approximately 300 subscribers located in and near the village of Millstadt, Illinois, and that of the total number of subscribers served, approximately 200 are stockholders in the company. The record shows that the said stockholders were represented at the annual meeting, at which time the proposed increase was presented, and that they approved the action of the board of directors, and that there was no objection to the increase in rates proposed.

The Commission having carefully considered the evidence herein, and having carefully considered the rates and charges set forth in Rate Schedule Ill. C. C. 3, is of the opinion that the proposed rates are just and reasonable and should be authorized.

It is, therefore, ordered by the Illinois Commerce Commission as follows:

Section 1. That the suspension and resuspension order affecting Rate Schedule Ill. C. C. 3, of the Millstadt Telephone Company be, and the same is hereby, permanently vacated, cancelled and annulled.

Section 2. That the Millstadt Telephone Company be, and the same is hereby, permitted and authorized to place

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L. 145]

in effect the schedule of rates on file with the Commission, designated as Ill. C. C. 3, covering telephone service in the city of Millstadt, county of St. Clair, and vicinity, effective December 1, 1923, provided written notice of the effective date of the said schedule of rates is filed with the Commission not later than ten days from the date of service of this order, or effective at any subsequent date, provided written notice of the effective date of the said schedule of rates is filed with the Commission not less than ten days prior thereto; and when notice of the effective date of the said schedule has been filed with the Commission as specified herein, and the said schedule of rates is posted or filed in the office of the public utility, all as required by the Illinois Commerce Commission Act, and General Order No. 28,* as amended, adopted by the Commission, the said schedule of rates shall be the legal rates covering telephone service in the city of Millstadt, county of St. Clair, and vicinity.

By order of the Commission, at Springfield, Illinois, this fourteenth day of November, 1923.

COMMERCIAL TELEPHONE AND TELEGRAPH COMPANY V. PARKERSBURG MUTUAL TELEPHONE COMPANY.

Case No. 12908.

Decided November 21, 1923.

Application for Adjustment of Balances Due for Toll Services Dismissed.

DISMISSAL ORDER.

Complaint filed herein by the Commercial Telephone and Telegraph Company states that the Commercial Telephone and Telegraph Company is a public utility and that one of its exchanges is located in Olney, Illinois; that the Commercial Telephone and Telegraph Company owns and

*See Commission Leaflet No. 104, p. 962.

maintains a metallic toll line between Olney and Parkersburg for the joint handling of toll messages; that the Parkersburg Mutual Telephone Company and the Commercial Telephone and Telegraph Company own and maintain a grounded toll line between Olney and Parkersburg for the joint handling of toll messages and that heretofore settlement has not been made between the Commercial Telephone and Telegraph Company and the Parkersburg Mutual Telephone Company of toll commissions resulting from the joint handling of toll messages. The Commercial Telephone and Telegraph Company, therefore, asks that a hearing be held in the matter and such order entered by the Commission as shall seem meet and proper in the premises.

This matter came on for hearing before the Commission on February 7, 1923, at which time the Commercial Telephone and Telegraph Company was represented by John Lynch, attorney, and no one appeared objecting. Subsequent to the date of the hearing, a contract was entered into by and between the Commercial Telephone and Telegraph Company and the Parkersburg Mutual Telephone Company covering the joint handling of toll messages. A copy of this contract was filed with the Commission.

An investigation was made and it was found that the Parkersburg Mutual Telephone Company is a purely mutual concern and as such comes under the exception in the definition of the term "public utility" as set forth in Section 10 of an Act entitled An Act Concerning Public Utilities, approved June 27, 1921, and in force and effect July 1, 1921.

The Commission being fully advised in the premises is of the opinion, and finds:

1. That the Commercial Telephone and Telegraph Company is a public utility within the meaning of Section 10, Article 1, of An Act Concerning Public Utilities, approved June 27, 1921, and in force and effect July 1, 1921.

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2. That the Parkersburg Mutual Telephone Company is a purely mutual concern and is therefore not under the jurisdiction of the Illinois Commerce Commission.

3. That the matter of the adjustment of balances due the Commercial Telephone and Telegraph Company by the Parkersburg Mutual Telephone Company for toll service furnished in the past is not a matter over which the Illinois Commerce Commission has jurisdiction, and the complaint of the Commercial Telephone and Telegraph Company in reference thereto should be dismissed.

It is, therefore, ordered by the Illinois Commerce Commission, that the petition of the Commercial Telephone and Telegraph Company v. the Parkersburg Mutual Telephone Company be, and the same is hereby, dismissed.

By order of the Commission, at Springfield, Illinois, this twenty-first day of November, 1923.

In re JOINT APPLICATION OF THE MURPHYSBORO TELEPHONE COMPANY AND ILLINOIS SOUTHERN TELEPHONE COMPANY FOR AN ORDER AUTHORIZING THE SALE BY THE FORMER AND THE PURCHASE BY THE LATTER OF ALL OF THE FORMER'S PROPERTY, AND THE APPLICATION OF THE ILLINOIS SOUTHERN TELEPHONE COMPANY FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY.

Case No. 13722.

Decided December 12, 1923.

Sale and Purchase of Property Authorized.

OPINION AND ORDER.

A joint application was filed with the Illinois Commerce Commission on December 3, 1923, by Murphysboro Telephone Company, a corporation, and Illinois Southern Telephone Company, a corporation, praying the consent and approval of the Commission (1) to the purchase by

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