Public Serv. Comm’n v. Wisconsin Tel. Co., 289 U.S. 67 (1933)

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 289 U.S. 60, click here.

Public Service Commission of Wisconsin


v. Wisconsin Telephone Co.
No. 517


Argued March 15, 1933
Decided March 27, 1933
289 U.S. 67

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF WISCONSIN

1. The importance of statements by the District Courts of the grounds of their decisions, covering both facts and law, is again emphasized. P. 69.

2. It is particularly important that the appellate court should be adequately advised of the basis of the determination of the court below when the decree enjoins the enforcement of a state law or the action of state officials under state law. P. 70.

3. The reasons exist, and are not the less imperative, when the injunction is interlocutory. Id.

4. Although Equity Rule 70 1/2, requiring that, "in deciding suits in equity," the court of first instance shall find the facts specially and state separately its conclusions of law thereon, does not embrace interlocutory applications, the duty to set forth the grounds and reasons for an interlocutory injunction restraining enforcement of rates filed by a state Commission was not altered by the adoption of that Rule. P. 70

5. Where the court below fails to perform this duty, this Court will not search a voluminous record to find a basis for the interlocutory decree, but will vacate the decree and remand the cause for proper findings and conclusions. P. 71.

Appeal from a decree of interlocutory injunction granted by the District Court of three judges, restraining the enforcement of reduced telephone rates, fixed by the Public Service Commission.