Consumers’ Company, Ltd. v. Hatch, 224 U.S. 148 (1912)

Consumers’ Company, Ltd. v. Hatch


No. 184


Argued March 4, 1912
Decided April l, 1912
224 U.S. 148

ERROR TO THE SUPREME COURT
OF THE STATE OF IDAHO

Syllabus

When, prior to the granting of a charter to a public service corporation, it has been clearly settled both by statute law and decisions that such a corporation must perform certain duties, the compelling of such performance does not amount to an impairment of the charter contract, nor does it deprive the corporation of its property without due process of law.

Although a public service corporation may not under its charter be required to extend its facilities in certain quarters, if it does so voluntarily, it must render the service for which it obtained its charter to those within reach of its facilities without distinction of persons.

A judgment of the state court of Idaho compelling a water company to furnish connection at its own expense to one residing on an ungraded street in which it had voluntarily laid its mains, although not required so to do by its charter, held not to have impaired the charter contract of the water company or to have deprived it of its property without due process of law, it appearing that, under decisions of the highest court of the state made prior to the charter, the cost of connection was to be borne by the water company.

17 Idaho 204 affirmed.

The facts, which involve the construction of the charter of a public service corporation in Idaho and its rights and obligations thereunder, are stated in the opinion.