California Fire Proof Storage Co. v. Brundige

THE COURT.

This is an application for a writ of mandate to compel the Railroad Commission to assume

[186]

jurisdiction of a complaint against the Southern California Telephone Company, filed by petitioner herein.

The complaint lodged with the commission showed substantially the following facts: Petitioner is a private corporation which is and for several years has been doing business in the city of Los Angeles. The Southern California Telephone Company is a “telephone corporation,” within the definition thereof given in the Public Utilities Act, and is a “public utility,” within the terms of said act. (Stats. 1919, pp. 491, 493.) The telephone company operates a telephone line in the city of Los Angeles, and in connection with its telephone business in that city, and to facilitate telephonic communication by such of the public as wish to use its telephones, it annually issues to and distributes among its subscribers telephone directories. In these directories are listed the names and telephone numbers of its subscribers. For some years past the telephone company has permitted a large number of persons who are among the number of its subscribers, including the petitioner here, to insert advertising matter in the classified business section of the directories issued by it. It has based its charges for this advertising upon a schedule of rates and charges which were established by it for the purpose. For a number of years past it has printed in heavy, black, bold-faced type the names of such of its telephone subscribers as would pay a fixed and established charge for the privilege of having their names so printed. Petitioner is one of those whose names were thus printed. Prior to 1925 the telephone company’s charge to all such advertisers for inserting advertising matter in the classified business section of its directories was fifty dollars a month for each half page of advertising, and for printing the name of subscribers in heavy, black, bold-faced type one dollar per month for each name printed in this distinctive manner. In each of several years prior to 1925 petitioner and the telephone company entered into a contract under which the telephone company undertook to and did insert in the classified business section of its directories five half-pages of advertising matter for petitioner, and also caused petitioner’s name to be printed in bold-faced, black type in the place where it occurs in the listed names of the telephone subscribers; and petitioner agreed to and did pay for this