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· 6/21/1918

Cleveland Telephone Co. v. City of Cleveland

Citations

  • 98 Ohio St. (N.S.) 358

Syllabus

<p>Police power — State and municipal — Regulation of telephone rates — Jurisdiction•—Public utilities commission or home-rule city — Constitutional lorn.</p> <p>1. The regulation, of rates for services rendered or commodity furnished by a public utility is an exercise of police power.</p> <p>2, Section 3 of Article XVIII of the Constitution of Ohio, as amended September 3, 1912, confers upon the municipalities of this state, authority to adopt and enforce within their limits such local police regulations as are not in conflict with general laws.</p> <p>3. An ordinance fixing the rate that may be charged for telephone services by a telephone company within the limits of a municipality, is a local police regulation, within the meaning of that term as used in Section 3 of Article XVIII of the Constitution of Ohio.</p> <p>4, The statutes of this state creating the public utilities commission of Ohio, and conferring authority upon it to regulate public utilities and to fix the rate that such utilities may charge for commodity 'furnished or service rendered to municipalities and citizens of this state, are a valid and constitutional exercise of the police power toy the general assembfy of Ohio.</p>

Judges: Donahue, Jones, Matthias, Newman, Nichols, Wanamaker

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