Court : US Supreme Court
..... of the revised statutes), and by virtue thereof the company was an agent of the government of the united states in the transmission of intelligence by electricity, and that the enforcement of the scheme of taxation provided in the alleged law would substantially destroy the value of the company's property in arkansas ..... , and citizens of arkansas; prayed that they be made parties defendant, and be enjoined from proceeding to collect the taxes. defendants demurred to the bill and amended bill, and on february 20, 1894, the circuit court overruled the demurrer, whereupon complainant dismissed the bill as to the several county clerks, and, the ..... taxation be cancelled, and that defendants be enjoined from proceeding, under said act or pursuant to said assessment, to execute the same, and the county clerks specifically restrained from discharging the duties thereby imposed. on january 29, 1894, complainant filed an amended bill averring that since the filing of the original bill, the county .....
Tag this Judgment!Court : US Supreme Court
..... general assembly of the state of georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act, every electric telegraph company with a line of wires wholly or partly in this state and engaged in telegraphing for the public shall, during the usual office hours, receive ..... the statute under which the action was brought was passed by the legislature of the above-named state october 22, 1887, and reads as follows: "an act to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches, to prescribe penalties for violations thereof, and for other purposes." "sec. 1. be it enacted by the ..... the defendant, by its answer, denied that it had been guilty of any violation of the statute in question, and among other defenses it set up by an amended plea that the plaintiff ought not to recover the statutory penalty of $100 sued for, because the message in question was an interstate message, and part of interstate .....
Tag this Judgment!Court : US Supreme Court
..... post roads of the united states, and thereby the plaintiff was an agent of the government of the united states in the transmission of intelligence by electricity, and that the statute of indiana of march 6, 1893, and the assessment and valuation of the plaintiff's property under that statute, rendered its ..... and fast freight, joint stock associations, companies, copartnerships and corporations transacting business in the state of indiana, repealing sections 68, 69, 70 and 71 of said act, and all laws in conflict therewith, and declaring an emergency." "sec 1. any joint stock association, company, copartnership or corporation, whether incorporated under the laws ..... of law and denied it the equal protection of the laws, in violation of the fourteenth amendment to the constitution. the defendants demurred generally to the bill. the court sustained the demurrer and, the plaintiff declining to amend its bill, entered final judgment for the defendants. the plaintiff appealed to the supreme court .....
Tag this Judgment!Court : US Supreme Court
..... as to amount to a deprivation of the company's property without due process of law in violation of the fourteenth amendment to the constitution of the united states. 3. whether the act is repugnant to the clause of the federal constitution forbidding the denial by the state to any person within its jurisdiction ..... turnpike, have diverted a large amount of travel from said turnpike, and have diminished this company's earning capacity very largely, and that other railroads and electric roads touching defendant's road and having stations thereon have been chartered and are in contemplation, the effect and construction of which will be to still ..... every constitution is the guaranty against the taking of private property for public purposes without just compensation. the equal protection of the laws which, by the fourteenth amendment, no state can deny to the individual, forbids legislation, in whatever form it may be enacted, by which the property of one individual is, without compensation .....
Tag this Judgment!Court : US Supreme Court
..... words, should it be construed as an exercise of the power, reserved to the state in the eleventh section of the act of 1861, to amend or repeal that act at the discretion of the legislature? as the act of 1891 practically established a new system, and vested the whole power of the legislature page 166 u. s. 565 ..... as the "city charter," the fifty-ninth section of which enacted that "the board of public works shall have power . . . to authorize and empower by contract telephone, telegraph, electric light, gas, water, steam, or street car or railroad companies to use any street, alley, or other public place in such city; . . . provided, that such contracts shall ..... company to the railroad company, and on december 18, 1889, a further ordinance was passed, supplementary to that of january 18, 1864, authorizing the use of electric power, and providing the manner in which it should be applied. this ordinance was formally accepted by the railroad company on january 4, 1890. the company thereupon .....
Tag this Judgment!Court : US Supreme Court
..... the general assembly of the state of louisiana that sec. (1201) twelve hundred and one of the revised statutes of louisiana be amended and reenacted so as to read as follows:" " from and after the passage of this act, dogs owned by citizens of this state are hereby declared to be personal property of such citizens, and shall be placed on the ..... him in a walk upon the streets, she stopped on the track of the railroad company, and, being otherwise engaged for the moment, failed to notice the approach of an electric car which was coming towards her at great speed, and being, moreover, heavy with young, and not possessed of her usual agility, she was caught by the car and ..... thereon and providing that all dogs not so registered and collared should be liable to be killed by any person, were valid, and were not in violation of the fifth amendment to the constitution. the only case to the contrary, to which our attention has been called is that of mayor v. meigs, 1 macarthur 53, in which a city .....
Tag this Judgment!Court : US Supreme Court
..... to charles street from north street." this is a distance of about 1,100 feet. the right was also given to the company to operate its road by electricity supplied from overhead wires, and the tracks, wires, and poles were to be laid and constructed under the supervision and direction of the city commissioner. various other ..... the powers and privileges therein contained, the said mayor and city council to have the same power and control hereafter in reference to the enforcement, amendment or repeal of said ordinance as it has, or would have, in respect to any ordinance passed under its general power." subsequently to the passage of this ..... of completion and operation, it would suffer great damage by the removal of the tracks. the plaintiff also claimed that, ordinance no. 23 having been accepted and acted upon by the railroad company, there was thereby constituted an irrepealable and inviolable contract between the municipal corporation and the railroad company, the terms of which could not .....
Tag this Judgment!Court : US Supreme Court
..... and that lighting by electricity was wholly unknown march 2, 1857, and march 26, 1868. ..... it is provided by art. 2, c. 15, rev.ordinance of the city of st. louis 1887, as the same has been amended by ordinance no. 16,894, that no wires, tubes, or cables conveying electricity for the production of light, heat, or power shall hereafter be placed along or across any of the streets, alleys, or public places ..... 1873, and that said act was in conflict with section 25, art. 4. of the constitution of missouri, because it did not set forth the act or part of act amended at length, as if it were an original act or provision. that relator had never by any act been granted the franchise to make and vend electricity for any purpose whatever, .....
Tag this Judgment!Court : US Supreme Court
..... on manufacture or mining ores within this state, and agricultural and horticultural societies or associations, which exceptions, however, shall not include gas companies, trust companies, electric or steam heating, lighting and power companies, shall be liable to and shall pay a tax, as a tax upon its franchise or business, into the ..... manufacture or mining ores within this state, and agricultural and horticultural societies or associations, which exceptions, however, shall not include gas companies, trust companies, electric or steam heating, lighting and power companies, shall be liable to and shall pay a tax as a tax upon its franchise or business into the state ..... said statute was unconstitutional and void as in contravention of the constitution of the united states and the amendments thereof. to the certiorari granted upon said petition the comptroller duly made a return, alleging that his acts and proceedings were valid. the cause was heard at the december term, 1895, of said court, .....
Tag this Judgment!Court : US Supreme Court
..... a right to divert, disturb, impede, or interfere with the flow of water down the said canal. that by the twenty-third section of this act, as amended by the subsequent act of december 24, 1890 (20 st. at large s.c. p. 967), the board of trustees was given full power and authority to sell ..... be taken to prevent such misapplication by the electric company, which, notwithstanding such protests, continues to place such machinery in its power house for its own private purposes, and that plaintiff is wholly without power ..... that thereafter the defendant, against the protests and objections of the plaintiff, proceeded to place in such works machinery intended solely for the purpose of running its electric lights and street railway, and furnishing power to divers persons in the city for their industries, against which plaintiff protested, and gave notice that proceedings would .....
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