tained when not unreasonably high and when it operates uniformly and generally. In determining the reasonableness of a charge, the presence of poles and overhead wires as an impediment to the work of a fire department and as increasing liability from fire will be considered determining elements.704

(b) Limitation upon charges by company for services rendered. Another condition frequently imposed is the reservation of the right on the part of public authorities to regulate the charges to be made for services rendered by these corporations.705 Public authorities have, undoubtedly, a right of control and regulation without the inclusion of a condition of this nature but where it is named in the grant there is then no doubt of the existence of the right or the extent of its exercise.700

Cheasapeake & P. Tel. Co. v. City of Baltimore, 89 Md. 689, 43 Atl. 784, 44 Atl. 1033; Western Union Tel. Co. v. City of Philadelphia (Pa.) 12 Atl. 144; Borough of New Hope v. Western Union Tel. Co., 16 Pa. Super. Ct. 306; Borough of Taylor v. Postal Tel. & Cable Co., 16 Pa. Super. Ct. 344; City of Chester v. Western Union Tel. Co., 154 Pa. 464, 25 Atl. 1134. But see City of Allentown v. Western Union Tel. Co., 148 Pa. 117.

704 City of Philadelphia v. Atlantic & P. Tel. Co., 102 Fed. 254, 42 C. C. A. 325; City of Philadelphia v. Postal Tel. Cable Co., 67 Hun, 21, 21 N. Y. Supp. 556.

705 State of Missouri v. Bell Tel. Co., 23 Fed. 539, but see dissenting opinion. Hockett v. State, 105 Ind. 250, 5 N. E. 178; Central Union Tel. Co. v. Bradbury, 106 Ind. 1, 5 N.

E. 721; Central Union Tel. Co. v. State, 118 Ind. 194; Central Union Tel. Co. v. State, 123 Ind. 113; Nebraska Tel. Co. v. State, 55 Neb. 627, 76 N. W. 171, 45 L. R. A. 113. But see City of St. Louis v. Bell Tel. Co., 96 Mo. 623, 2 L. R. A. 278. "We are at a loss to see what this power to regulate the use of the streets has to do with the power to fix telephone charges. The power to regulate the charges for telephone service is neither included in nor incidental to the power to regulate the use of streets, and the ordinance cannot be upheld on any such ground." See, also, Joyce, Elec. Law, c. 23, on the subject of rates and charges.

706 City of St. Louis v. Bell Tel. Co., 96 Mo. 623, 10 S. W. 197, 2 L. R. A. 278; State v. City of Sheboygan, 111 Wis. 23, 86 N. W. 657.