Louisville v. Cumberland Tel. & Tel. Co., 225 U.S. 430 (1912)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 225 U.S. 420, click here.

Louisville v. Cumberland Telephone & Telegraph Company

No. 761

Argued March 7, 8, 1912
Decided June 7, 1912
225 U.S. 430

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF KENTUCKY

Syllabus

Quaere, and not determined, whether an ordinance cutting the earning of a telephone company down to six percent per annum would, under the circumstance of this case be confiscatory and unconstitutional under the Fourteenth Amendment.

This Court requires clear evidence before it will declare legislation, otherwise valid, to be void as an unconstitutional taking of property by reason of establishing rates that are confiscatory.

In this case, the evidence is not sufficient to justify enjoining enforcement of an ordinance fixing rates of a telephone company, and the decree granting an injunction is reversed, but without prejudice.

The facts, which involve the question of whether an ordinance of the City of Louisville fixing rates for telephone service in that city was unconstitutional as confiscatory of the property of the companies, are stated in the opinion.