Public Service Comm’n v. Great Northern Utilities Co., 289 U.S. 130 (1933)

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF MONTANA

Syllabus

1. A specific rate fixed by municipality on gas sold by a public service corporation is not objectionable under the Fourteenth Amendment because it prevents the corporation from cutting its rates below necessary cost in an effort to do away with ruinous competition. P. 134.

2. An allegation merely asserting in general language that rates are confiscatory is not sufficient to invoke constitutional protection. The facts relied on must be specifically set forth, and from them it must clearly appear that the rates would necessarily deny to plaintiff just compensation and deprive it of its property without due process of law. Acta Insurance Co. v. Hyde, 275 U.S. 440, 447. P. 136.

1 F.Supp. 328 reversed.

Appeal from a final decree of a District Court of three judges holding an order fixing rates on gas invalid and making permanent an interlocutory injunction. See also 52 F.2d 802, 285 U.S. 524, 88 Mont. 180.