Ozark-Bell Telephone Co. v. City of Springfield

Citations

• 140 F. 666
• 1905 U.S. App. LEXIS 4819

Syllabus

<p>1. Injunction — Jurisdiction—Preventing Multiplicity of Suits.</p> <p>A bill by a telephone company to enjoin the enforcement of a city ordinance fixing a maximum rate of charge for telephone service, which alleges the invalidity of the ordinance, and shows that complainant has a large number of contracts with patrons, and that under the provisions of the ordinance it will be subject to prosecution and fine in the case of each one, states a case within equity jurisdiction to prevent a multiplicity of suits.</p> <p>[Ed. Note. — For cases in point, see vol. 27, Cent. Dig. Injunction, §§ 18, 31.]</p> <p>2. Courts — Federal Jurisdiction — Suit Arising Under Constitution.</p> <p>A bill by a telephone company to enjoin the enforcement of a city ordinance fixing maximum rates of charge for telephone service, which alleges that the ordinance was passed in the exercise of power to fix rates conferred upon the city by an act of the Legislature, and that if enforced complainant cannot make any net earnings whatever- on its large capital invested in the business, nor sufficient to pay its necessary expenses, and will be deprived of its property without due process of law, states a cause of action arising under the fourteenth amendment to the Constitution of the United States, of which a federal, court has jurisdiction, although it is further averred, as a legal conclusion, that the ordinance is also in violation of the state Constitution, prohibiting the impairment of the freedom of contract</p> <p>[Ed. Notes. — Jurisdiction of suits involving federal questions, see notes to Bailey v. Mosher, 11 C. C. A. 308; Montana Ore-Purchasing Co. v. Boston & M. Consol. Copper & Silver Min. Co., 35 C. C. A. 7.]</p> <p>3. Injunction — Restraining Enforcement of Ordinance — Sufficiency of Bill.</p> <p>Complainant in a suit to enjoin the enforcement of an ordinance fixing telephone rates, on the ground that the rates fixed are unreasonable, and would operate to deprive it of its property w