Felix Frankfurter,
Public Utilities Commission of Ohio v…
“ Whether the Court considers that Ohio law bars the Commission from making a valid order, or whether it uses its knowledge of Ohio law to tell the Commission what the Commission has attempted, is immaterial-in either case we press our conception of Ohio law on the Ohioans. ”
Felix Frankfurter,
Public Utilities Commission of Ohio v…
“ The federal action halting the Ohio rate making process since 1935 is justified wholly on the ground that the Natural Gas Act passed in 1938 bars regulation by Ohio of United's rates since 1938 while Ohio law is said to bar any regulation prior to 1938 because no final order has yet been made by the Public Utilities Commission. The Court refuses to hold categorically that Ohio law nullifies this order, asserting instead that Ohio law requires us to interpret the Commission's order as not attempting to lead to rate making for the period 1935-1938. ”
Felix Frankfurter,
Public Utilities Commission of Ohio v…
“ Even assuming, with the Court, that this delay in the judicial process bars the petitioners from the particular relief sought under local law, I still think we should hold that this injunction was improvidently granted. We are given as the bases of federal equity jurisdiction these propositions: The State order is on its face 'plainly invalid'; United will be put to considerable expense in complying with it; non-compliance will result in heavy penalties or in costly litigation. ”
