Fort Smith Smelter Co. v. Clear Creek Oil & Gas Co., 267 U.S. 231 (1925)

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Fort Smith Smelter Company v.


Clear Creek Oil & Gas Company
No. 266


Submitted January 28, 1925
Decided Mach 2, 1925
267 U.S. 231

ERROR TO THE SUPREME COURT
OF THE STATE OF ARKANSAS

Syllabus

Where a private gas company, empowered to become a public service corporation, challenged its status accordingly and exercised the power of eminent domain soon after it had contracted to furnish future supplies of gas to a consumer, and the face of the contract and attendant circumstances showed that this change was in contemplation when the contract was made, held that an order of a state commission allowing the company increased rates was not an unconstitutional impairment of the contract. P. 232.

161 Arkansas 12 affirmed.

Error to a judgment of the Supreme Court of Arkansas which sustained an order of the State Corporation Commission allowing the defendant in error gas company to increase its rates. See 161 Ark. 12; 153 Id., 170; 148 Id., 260.