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I i . . Pennsylvania High Court Rules on Phone Service Papers Featuring Turf News Entitled to Such Facilities PHILADELPHIA, Pa.. April 11.— Reversing the State Superior Court, the Pennsylvania Supreme Court today decreed that publications featuring horse racing are not illegal, and denial of telephone service to such publications is not justifiable. The high courts ruling directs the Pennsylvania Public Utility Commission to authorize the Bell Telephone Company to provide telephone and teletypewriter service to Penn- sylvania Publications, Inc., owned by the William Armstrong interests of New York. The litigation over telephone facilities to the corporation has been before the commission and the courts for almost four years. The corporations telephone service was cut off in January, 1943. The State Superior Court affirmed the P. U. C. ruling and an appeal was carried to the State Supreme Court. Justice Drew, author of the latters opinion, states that companies are limited to lawful service, but "such companies are not justified in refusing service to persons engaged in legitimate enterprises merely because such subscribers may furnish information over the facilities which may enable others receiving it to use the same illegally. "Furthermore, there is nothing inherently wrongful in horse racing, and it is no more objectionable than baseball, football and other sports. Betting is not a necessary concomitant of horse racing. It is a well known fact that many lovers of horses never place a bet on the result of a race; that while opposed to gambling they have a deep interest in developing and racing horses. "A racing publication conveying information much as does the paper of the appellant, though useful in placing his wagers, is not a device or apparatus for gambling. Similarly, the publication by newspapers of the country or the announcement over the radio of the results of baseball and football games, prize fights and other such activities, may be an aid to gambling, yet no one could seriously contend that the furnishing of such news was against the public policy of the commonwealth, and therefore such newspapers and radio sta-g tions should be deprived of telephone or teletypewriter service."
