Legal Opinion

Van Buren Water Co. v. Van Buren

Supreme Court of Arkansas

Decided February 20, 1922PublishedCited by 6 opinions

Appeal from Crawford Circuit Court; James Cochran, Judge; All questions as to the constitutionality of act 571 of the Acts of 1919, conferring jurisdiction upon the Commission to authorize the setting aside of franchise rates entered into between municipalities and public utilities have been completely answered in the following cases: 145 Arle. 205; 80 Ark 108; 99 Ark 178; 3 A. L. ft. 685; 3 A. L. ft. 715; 225 Fed. 295. The motion to dismiss the appeal of defendant should…

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Appeal from Crawford Circuit Court; James Cochran, Judge; All questions as to the constitutionality of act 571 of the Acts of 1919, conferring jurisdiction upon the Commission to authorize the setting aside of franchise rates entered into between municipalities and public utilities have been completely answered in the following cases: 145 Arle. 205; 80 Ark 108; 99 Ark 178; 3 A. L. ft. 685; 3 A. L. ft. 715; 225 Fed. 295. The motion to dismiss the appeal of defendant should have been granted. Act 571 Acts 1919, see. 27; act 105 Acts 1921, secs. 20, 21 and 22. The rates promulgated by the water…

1Opinion of the CourtMcCulloch, C. J.

Appellant is a domestic corporation owning the waterworks system in the city of Van Burén and operating the same under a franchise from the city council.

On May 26, 1920, appellant filed with the Arkansas Corporation Commission notice of its intention to cancel the rates then in force and to put in force new rates and charges for the various services rendered by it. The Commission made an order suspending the proposed increased rates during the pendency of the hearing of protests, and the city appeared by its attorney and protested against the new schedule. The matter was heard by the…

2Cases cited2 opinions

  1. Clear Creek Oil & Gas Co. v. Fort Smith Spelter Co.Supreme Court of Arkansas · 1921
  2. St. Louis Southwestern Railway Co. v. StewartSupreme Court of Arkansas · 1921

3Cited by6 opinions

  1. Eastland Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1937
  2. Southern Cities Distributing Co. v. CarterSupreme Court of Arkansas · 1931
  3. Coal District Power Co. v. BoonevilleSupreme Court of Arkansas · 1923
  4. Duncan v. StateSupreme Court of Arkansas · 1930
  5. Arkansas Railroad Commission v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925

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