City of Fulton v. Public Service Commission
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. Q. Slate, Judge. (1) The ordinance contract is an agreement upon charges for service — hence not to be considered as an ordinance “to fix” and determine the charges; a contract which cannot be impaired by a subsequent law of the State, fixing higher rates.
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Appeal from Cole Circuit Court. — Hon. J. Q. Slate, Judge. (1) The ordinance contract is an agreement upon charges for service — hence not to be considered as an ordinance “to fix” and determine the charges; a contract which cannot be impaired by a subsequent law of the State, fixing higher rates. The telephone company having received the benefits accruing to it, for a period of seventeen years, by the performance, on the part of the City of Fulton of its obligations under ordinance franchise contract, is now estopped from denying the validity of said contract. State ex rel. City of St. Louis…
1Opinion of the CourtBlair, J.
The city appeals from an affirmance of an order of the Public Service Commission fixing telephone charges at rates exceeding máximums prescribed in a franchise granted by city ordinance in 1900 to the telephone company. It is stipulated that the only question involved is “the authority of the Public Service Commission of Missouri to order an increase of telephone rates and charges over the rates and charges provided for in Ordinance No. 62 of the City of Pulton.” Relator’s contention is that the order of the Commission impairs the obligation of the contract evidenced by the ordinance…
2Cases cited4 opinions
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1903
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
- Sloan v. Pacific RailroadSupreme Court of Missouri · 1875
3Cited by13 opinions
- Midland Realty Co. v. Kansas City Power & Light Co.Supreme Court of the United States · 1937
- City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1918
- City of Cape Girardeau v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1924
- State Ex Rel. Missouri Gas & Electric Service Co. v. TrimbleSupreme Court of Missouri · 1925
- Kansas City v. Public Service CommissionSupreme Court of Missouri · 1919
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