United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Louisville v. Cumberland Telephone & Telegraph Company

No. 761

Argued March 7, 8, 1912

Decided June 7, 1912

225 U.S. 430

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.

Page 225 U. S. 431

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.

Page 225 U. S. 432