Spring Valley Water Co. v. City & County of San Francisco

Citations

• 165 F. 667
• 1908 U.S. App. LEXIS 5412

Syllabus

<p>1. CONSTITUTIONAL IiAW (§ 277*)-DUE PROCESS OF LAW — -SUBJECTS OF PROTECTION — “LlFK, Liberty and Property.”</p> <p>The terms “life, liberty and property,” as used in the fourteenth constitutional amendment, embrace every right which the law protects; they include not only the right to own and hold, but also to use, property, and profits and income are within the protection of the amendment, subject, however, to the rule that when property is devoted to a public; use the owner is eijtitled to earn only such income therefrom as is just and reasonable as between him and the public.</p> <p>[Ed. Note. — For other cases, see Constitutional I jaw, Dec. Dig. § 277 * For other definitions, see Words and Phrases, vol. 5, pp. 4150, 4357.]</p> <p>2. Courts (§ 282*) — United States Courts — Constitutional Questions— Due Process of Law.</p> <p>The question whether rates fixed by a municipal body to be charged by a water company are just and reasonable, or confiscatory and unconstitutional, is a judicial one, for the determination of which the company has the right to invoke the jurisdiction of a federal court.</p> <p>[Ed. Note. — For other case's, see Courts, Dec. Dig. § 282.*]</p> <p>3. Constitutional Law (§ 47*) — Due Process of Law--Regulation of Water Rati s.</p> <p>Such an action, however, is'not one to review the action of the municipal body, and the evidence upon which it acted, its motives and methods of procedure, are immaterial on the question of granting a preliminary or permanent injunction to restrain enforcement of its rates, the only question being whether or not as a whole they are confiscatory, which is to be determined by the court from an independent investigation of the facts.</p> <p>[Kfl. Xoio. — For other cases, see Constitutional Law, Doc. Dig. § 47.*]</p> <p>4. Waters and Water Courses (§ 203*) — Water Companies — Reasonableness of Rates,</p> <p>The fact that interest rates generally have advanced within a short time does not necessarily entitle a wate