Legal Opinion

Ogden City v. Crossman

Utah Supreme Court

Decided June 29, 1898No. 943PublishedCited by 29 opinions

Appeal from the third district court, Weber county; H. H. Rolapp, Judge. William W. Crossman and the Rocky Mountain Bell Telephone Company were found guilty of violating an ordinance of Ogden City. On appeal to the district court, judgment was rendered for defendants, and the city appeals.

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Appeal from the third district court, Weber county; H. H. Rolapp, Judge. William W. Crossman and the Rocky Mountain Bell Telephone Company were found guilty of violating an ordinance of Ogden City. On appeal to the district court, judgment was rendered for defendants, and the city appeals. But, even if the ordinance in question cannot be regarded as an interference with interstate commerce, it is still void for the reason that the defendant company is engaged in interstate business, has accepted the provisions of the act of 1866, and the amount of the license is in excess of the reasonable…

1Opinion of the Court

Mikes, J.:

In June, 1897, defendants were arrested on a warrant issued upon complaint of the city authorities of Ogden City, charging them with a violation of the provisions of the city ordinance requiring a license of $5 per annum for each instrument, to be paid by every person or corporation who operated and maintained any telephone instrument in Ogden City for which a rental charge is made, and provided for a punishment by fine not exceeding $100, or imprisonment for 100 days, for a violation thereof. Upon trial before a justice of the peáce, in July, 1897, the defendants were found guilty,…

2Cases cited17 opinions

  1. Murdock v. City of MemphisSupreme Court of the United States · 1875
  2. Osborne v. FloridaSupreme Court of the United States · 1897
  3. Postal Telegraph Cable Co. v. CharlestonSupreme Court of the United States · 1894
  4. City of Newton v. AtchisonSupreme Court of Kansas · 1883
  5. Chilvers v. PeopleMichigan Supreme Court · 1862

12 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Cooney v. Mountain States Telephone & Telegraph Co.Supreme Court of the United States · 1935
  2. State v. HutchinsonUtah Supreme Court · 1980
  3. Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
  4. Davis v. Ogden CityUtah Supreme Court · 1950
  5. Weber Basin Home Builders Ass'n v. Roy CityUtah Supreme Court · 1971

24 more not listed; retrieve them via the Exa API.

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