City of Louisville v. Cumberland Telephone Telegraph Company
Decision Date | 07 June 1912 |
Docket Number | No. 761,761 |
Citation | 56 L.Ed. 1151,225 U.S. 430,32 S.Ct. 741 |
Parties | CITY OF LOUISVILLE, Appt., v. CUMBERLAND TELEPHONE & TELEGRAPH COMPANY |
Court | U.S. Supreme Court |
Messrs. Clayton B. Blakey, Huston Quin, and Joseph S. Lawton for appellant.
[Argument of Counsel from page 431 intentionally omitted] Messrs. William L. Granbery, Alexander Pope Humphrey, and Alexander Pope Humphrey, Jr., for appellee.
This is a bill to prevent the enforcement of an ordinance of the city of Louisville fixing telephone rates, passed in 1909, after the attempt of the city to deprive the appellee of its franchise, when that seemed likely to fail. See Louisville v. Cumberland Teleph. & Teleg. Co. [May 13, 1912, 224 U. S. 649, 56 L. ed. ——, 32 Sup. Ct. Rep. 572]. The question raised is the usual one of con- fiscation. In consequence of the conclusion to which we have come we shall make a much more summary statement of the facts than in other circumstances might be necessary. The case was referred to a master and he reported in favor of the city. He was of opinion that in the first year after the ordinance should go into effect there would be a less of $30,000, but that in another year or so, in view of the probable increase of subscribers, the company would get back to its former net revenue with a probable continuous increase thereafter and would earn a sufficient return. The judge was of a different opinion, and for the purposes of the present decision only we shall adopt his figures, subject to the changes that we shall state, which leave us unprepared to sustain the decree without giving the ordinance a trial to show its actual effect.
The judge's values were:
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