Pierce Butler

“ Obviously, the return to be yielded by the reduced tolls cannot be found without comparison of the revenues to be derived from the service with the amounts of operating expenses and other charges rightly to be made against them. Inadequacy of revenues from all traffic does not tend to show that the rates on automobiles and persons prescribed by the commission's order are too low. ”

“ Each ordinance provides that, on the expiration of the franchise, the property rights, including title to the bridge, revert to the adjacent counties. Appellant became the owner of both franchises. The Antioch bridge was opened in January, 1926, and the Carquinez in May, 1927.
When the Carquinez bridge opened, the board of supervisors fixed tolls at 60 cents for automobiles and at 10 cents for each person in a vehicle or on foot. [2] That scale was in operation when the commission made the order in question which reduced these charges to 45 and 5 cents, respectively. ”

“ We assume, without detailed examination, that the legislation so portrayed indicates that in the period next preceding 1872, when the provisions of § 2846 were enacted, the State had adopted the policy of safeguarding operators of toll bridges against rate reduction by county boards below specified levels. But that fact may not be employed to arrive at a construction not indicated by the language used. ”

“ Upon the issue whether the order is repugnant to the contract clause, 'No State shall * * * pass any * * * Law impairing the Obligation of Contracts,' state court's construction, will decide for state court's construction, will decided for itself whether, as claimed by appellant, the franchise by contract limits exertion of sovereign powers to regulate tolls. ”

“ This appeal is from a judgment of the highest court of the State upholding an order of the state railroad commission that reduces tolls for use of appellant's bridge across the Carquinez Straits between the counties of Contra Costa and Solano. Appellant contends that the order violates Art. ”

“ City of Detroit v. Detroit Citizens' Street Ry. Co., 184 U.S. 368, 382, 389, 22 S.Ct. 410, 416, 418, 46 L.Ed. 592; St. Cloud Public Service Co. v. St. Cloud, 265 U.S. 352, 44 S.Ct. 492, 68 L.Ed. 1050. ”