Legal Opinion

City of Mitchell v. Board of Railroad Commissioners

South Dakota Supreme Court

Decided August 31, 1921No. File Nos. 4920, 4921PublishedCited by 7 opinions

Original proceeding upon certiorari by the City of Mitchell, a municipal corporation, against the Board of Railway Commissioners ; and by the City of Huron, a municipal corporation, against said Board', in the matter of the application of Dakota Telephone Company to continue in effect, after expiration of federal control, the telephone exchange rental rates authorized 'by the Postmaster General; ‘Dakota Central Telephone 'Company, Respondent; praying an adjudication as to…

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Original proceeding upon certiorari by the City of Mitchell, a municipal corporation, against the Board of Railway Commissioners ; and by the City of Huron, a municipal corporation, against said Board', in the matter of the application of Dakota Telephone Company to continue in effect, after expiration of federal control, the telephone exchange rental rates authorized 'by the Postmaster General; ‘Dakota Central Telephone 'Company, Respondent; praying an adjudication as to the legality of the action taken by defendant Board in continuing in effect said telephone exchange rental rates. (1) To…

1Opinion of the CourtWhiting, J.

The Dakota Central Telephone Company, hereinafter spoken of as the company, owns and operates telephone lines extending over various portions of this state, and included within its properties are local telephone systems in many of our cities; among such cities are Mitchell and Huron, hereinafter spoken of as plaintiffs. Prior to the late war, the systems in'plaintiff cities were operated under franchises granted by plaintiffs, which franchises purported to fix the maximum rates that might be charged for telephone services. The company had accepted the rates as fixed by the Mitchell franchise.…

2Cases cited11 opinions

  1. Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
  2. State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
  3. Milwaukee Electric Railway & Light Co. v. Railroad CommissionSupreme Court of the United States · 1915
  4. City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
  5. Woodburn v. Public Service CommissionOregon Supreme Court · 1916

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3Cited by7 opinions

  1. Chicago, Milwaukee, St. Paul & Pacific Railroad v. Board of Railroad CommissionersSouth Dakota Supreme Court · 1936
  2. Anderson v. RussellSouth Dakota Supreme Court · 1936
  3. Town of Gallup v. Gallup Electric Light & Power Co.New Mexico Supreme Court · 1924
  4. C., M., St. P. P.R. Co. v. R.R. Commrs.South Dakota Supreme Court · 1936
  5. City of Lead v. Western Gas & Fuel Co.South Dakota Supreme Court · 1921

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