Woodburn v. Public Service Commission
Oregon Supreme Court
From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice Harris. The City of Woodburn was incorporated by an act of the legislative assembly in 1889; but, on June 30, 1909, the legal electors of the city exercised the right of home rule conferred by Article XI, Section 2, of the state Constitution, and amended their charter by enacting that the common council shall have authority: “To grant franchises in, through and upon the streets of the city for public…
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From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice Harris. The City of Woodburn was incorporated by an act of the legislative assembly in 1889; but, on June 30, 1909, the legal electors of the city exercised the right of home rule conferred by Article XI, Section 2, of the state Constitution, and amended their charter by enacting that the common council shall have authority: “To grant franchises in, through and upon the streets of the city for public uses and public benefits”; and “to regulate and control or prohibit the placing of poles for electric lights or other…
1Opinion of the CourtJustice Harris
The decree appealed from is predicated upon the argument that the Public Service Commission was without power to permit the telephone company to charge urban customers more than the rates named in the franchise, which the city had granted prior to the creation of the Public Service Commission. Before proceeding with the discussion, attention will be called to some of the provisions of the legislation which was designed to clothe the commission with authority to fix the rates to be charged for telephone service. An act to define public utilities and to provide for rate regulation was passed by…
2Cases cited30 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- German Alliance Insurance v. LewisSupreme Court of the United States · 1914
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
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3Cited by57 opinions
- City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
- City of Roseburg v. Roseburg City Firefighters, Local No. 1489Oregon Supreme Court · 1981
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- Texas-Louisiana Power Co. v. City of FarmersvilleTexas Commission of Appeals · 1933
- Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
52 more not listed; retrieve them via the Exa API.