City of Emporia v. Emporia Telephone Co.

*444The opinion of the court was delivered by

Benson, J.:

It was held in the former opinion that the provisions of the old ordinance prescribing rates for telephone service accepted and long acquiesced in by the company should be upheld against the company which continued in the full enjoyment of the privileges granted by its terms. This conclusion was challenged in a petition for rehearing, which was allowed.

When the opinion was written it was believed that the appellee relied principally upon the claim that the new ordinance was in effect, and the proposition submitted for rehearing was treated…