Dakota Central Telephone Co. v. South Dakota Ex Rel. Payne
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH ■ DAKOTA. The case is stated in the opinion. These suits are in effect against the United States and therefore not within the jurisdiction of the courts. They seek an injunction which, if granted, will restrain the United Slates in the use of property, its right to possession and operation of which is not attacked, and would compel the United States to furnish service, at risk of loss, on rates it has superseded.
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ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH ■ DAKOTA. The case is stated in the opinion. These suits are in effect against the United States and therefore not within the jurisdiction of the courts. They seek an injunction which, if granted, will restrain the United Slates in the use of property, its right to possession and operation of which is not attacked, and would compel the United States to furnish service, at risk of loss, on rates it has superseded. The defendants are operating as appointees and agents of the Government. They have no personal interest in the result. Their…
1Opinion of the CourtChief Justice White
Involving as this case does the existence of state power to regulate, without the consent of the United States, telephone rates for business done wholly within the State over lines taken over into-the possession of the United States and which by the exercise of its governmental authority it operates and controls, it does not in principle differ from the North Dakota Case just announced [Northern Pacific Ry. Co. v. North Dakota, ante, 135,] where it was decided that under like conditions the State had no such power as to railroad rates. We consider this case as far as may be necessary, by a…
2Cited by130 opinions
- Yakus v. United StatesSupreme Court of the United States · 1944
- Panama Refining Co. v. RyanSupreme Court of the United States · 1935
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
- Arizona v. CaliforniaSupreme Court of the United States · 1931
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