CITY OF ENGLEWOOD
v.
DENVER & SOUTH PLATTE RAILWAY COMPANY

U.S. | 1919-01-07
No. 106
248 U.S. 294 Supreme Court of the United States (1919) Positive Treatment
Also reported at: 63 L. Ed. 253 · 39 S. Ct. 100 · 1919 U.S. LEXIS 2311 · SCDB 1918-219
Cited by 10 cases

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Synopsis

The City of Englewood sought to compel the Denver & South Platte Railway Company to provide free transfers to passengers of the Denver City Tramway Company, pursuant to terms in the railway's original franchise ordinance, but the railway defended by pointing to rates it had filed with the state Public Utilities Commission. The Supreme Court held that the state legislature had validly delegated authority to the Public Utilities Commission to regulate the matter, and that doing so did not impair any contract obligation, as public service regulation cannot be withdrawn from public control absent unusually clear contractual language. The Court dismissed the writ of error.

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Opinion of the Court
Me. Justice Holmes

Mr. Justice Holmes delivered the opinion of the court.

This is a bill to compel the defendant to arrange for passengers on its road to be transported without extra fare over the line of the Denver City Tramway Company from a point of connection and in like manner for passengers on that company’s line to be carried over the defendant’s line without additional charge. The defendant operates a street railway under a franchise granted by the plaintiff while a town. By § 6 of the ordinance making the grant the grantees were allowed to charge certain fares provided that they should make the arrangement stated above. The defence pleaded against being required to comply with these terms is that the Denver City Tramway Company charges five cents, the maximum fare allowed, for its part of the service, so that the defendant gets nothing, and that the defendant filed a schedule of rates with the State Public Utilities Commission which now are the defendant’s established rates and charges. On demurrer the Supreme Court of the State held that this town, at least, deriving its powers from legislative grant, could make no contract of this sort that was not subject to control by the legislature, that the Public Utilities Commission had been authorized by the legislature to regulate the matter in controversy, that it had done so, and that this proceeding should be dismissed.

Of course we do not go behind the decision of the Court that the matter in controversy was subject to regulation by the Commission and was regulated by it in due form if the State could confer that power. The plaintiff says that the State could not confer it since to do so would impair the obligation of a contract. Upon that point we agree with the Court below that clearer language than can be found in the state laws and this ordinance must be used before a public service is withdrawn from public control. Milwaukee Electric Ry. & Light Co. v. Railroad Commission of Wisconsin 238 U. S. 174, 180. The cases generally are cases where the railroad or other company sets up contract rights against the city. Whether when the railroad consents a legislature would not have all the power that the city could have to modify even a constitutionally protected contract need not be considered here. If we deal with the present case on the.merits there seems to be no sufficient reason why the writ of error should not be dismissed. It is giving the plaintiff the benefit of a very great doubt if we assume that the question on the merits was saved.

Writ of error dismissed.

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Citator

Cited By

  • State v. Burr, 79 Fla. 290 (Fla. 1920)
    …graph Co., 57 Fla. 374, 49 South. Rep. 509; State Public Utilities Commission v. City of Quincy,- Ill. 125 N. E. Rep. 374; Puget Sound Traction Co. v. Reynolds, 244 U. S. 574, - Sup. Ct. Rep. -; In re. Searport Water Co., - Me.--, 108 Atl. Rep. 452; 248 U. S. 294. Even if authority is by statute given to. a municipality to fix rates for a public service corporation operating therein, such authority is .subject to legislative action. Section 30, Article XVI; City of Tampa v. Tampa Water Work Co., 45 Fla. 600…
  • State v. Jacksonville Terminal Co., 90 Fla. 721 (Fla. 1925)
    …ssion of State of California, 251 U. S. 228, 40 Sup. Ct. Rep. 131; Louisville & N. R. Co. v. Mottley, 219 U. S. 467, 31 Sup. Ct. Rep. 265; Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394, 39 Sup. Ct. Rep. 526; Englewood v. Denver & S. P. R. Co., 248 U. S. 294, 39 Sup. Ct. Rep. 100; City of San Antonio v. San Antonio Public Service Co., 255 U. S. 547; Paducah v. Paducah R. Co., 261 U. S. 267, 43 Sup. Ct. Rep. 335; Attorney General v. Atlantic Coast Line Ry., 52 Fla. 646, 41 South. Rep. 705; State ex rel.…
  • Hyman v. R. M. Dillon as Chief of Police of the City of Miami, 79 Fla. 673 (Fla. 1920)
    …le Gas & Electric Power Co., 65 Fla. 404, 62 South. Rep. 919, 46 L. R. A. (N. S.) 1119; Atlantic Coast Line R. Co. v. City [*691] of Goldsboro, North Carolina, 232 U. S. 548, 34 Sup. Ct. Rep. 364; City of Englewood v. Danver & South Platte Ry. Co., 248 U. S. 294,-- Sup. Ct. Rep. -- City of Pawhuska v. Pawhuska Oil Co., 39 Sup. Ct. Rep. 526. Reasonable police regulations do not violate organic property rights, even though they impose some modicum of burden upon those whose activities are regulated in the in…

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