Legal Opinion

Southwestern Telegraph & Telephone Co. v. City of Dallas

Texas Supreme Court

Decided February 15, 1911No. 2219PublishedCited by 38 opinions

Error to the Court of Civil Appeals, Fifth. District, in an appeal from Dallas County. The telephone company sued the city to restrain the enforcement of an ordinance regulating its rates which it claimed was not legally adopted. Judgment was for defendant and was affirmed on appeal hy the company. It then obtained writ of error.

1Opinion of the CourtChief Justice Brown

The city of Dallas, having a population of more than ten thousand, was granted a charter by the Thirtieth Legislature which contains the following provisions pertinent to the issues which are presented by the writ of error in this case:

“Paragraph 1 of article 3 reads:
“ “All poivers conferred on the city shall, unless otherwise provided in this charter, be exercised by a Mayor and four Commissioners, who together shall be known and designated as the Board of Commissioners, all of whom shall be elected by the qualified voters of the city at large and shall devote their entire time to the…

2Cases cited3 opinions

  1. Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
  2. Brown v. City of GalvestonTexas Supreme Court · 1903
  3. City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887

3Cited by38 opinions

  1. Glass v. SmithTexas Supreme Court · 1951
  2. City of Dallas v. Dallas Consolidated Street Railway Co.Texas Supreme Court · 1912
  3. Payne v. MasseyTexas Supreme Court · 1946
  4. City of Austin v. Quick, Texas Court of Appeals, 3rd District (Austin)1996
  5. Taxpayers' Association v. City of HoustonTexas Supreme Court · 1937

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