Legal Opinion · Concurrence

United Gas Public Service Co. v. Texas

Supreme Court of the United States

Decided February 14, 1938No. 13Published

1ConcurrenceJustice Black

Although I concur in sustaining the judgment of the court below, I do not agree that the rights of this Delaware corporation doing business in Texas are derived from the *147Fourteenth Amendment1 or that the Fourteenth Amendment deprives Texas of its constitutional power to determine the reasonableness of intra-state utility rates in that State.

Even applying the Fourteenth Amendment under the prevailing doctrine, I do not believe that this Court (apart from procedural questions) is called upon to do more than determine the sole question of confiscation. Any indication by this Court of the value…

2Cases cited21 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Ogden v. SaundersSupreme Court of the United States · 1827
  3. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  4. Davidson v. New OrleansSupreme Court of the United States · 1878
  5. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833

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