Missouri & Kansas Interurban Ry. Co. v. Olathe, 222 U.S. 187 (1911)

Missouri & Kansas Interurban Railway Company v. Olathe

No. 727

Motion to dismiss
Submitted November 13, 1911
Decided December 4, 1911
222 U.S. 187

ERROR TO THE SUPREME COURT

OF THE STATE OF KANSAS

Syllabus

When the state court gives no effect to the subsequent law, but decides, on grounds independent of that law, that the right claimed was not conferred by the contract claimed to have been impaired, the case stands as though the subsequent law had not been passed, and this Court has no jurisdiction. New Orleans Water Works v. Louisiana Sugar Refining Co., 125 U.S. 38.

Where a franchisee refuses to pay the agreed compensation on the ground that a subsequent ordinance deprived it of a part of the franchise granted, but the state court decides that it has had substantially everything, and that compensation is due without regard to the part affected, no effect is given to the subsequent ordinance, no question of impairing the obligation of the contract is involved, and, there being no federal question, this Court has no jurisdiction under § 709, Rev.Stat.

The facts are stated in the opinion.