William Henry Moody

Name: Home Telephone Telegraph Company v. Los Angeles — Opinion of the Court
Author: William Henry Moody

Summary

“Home Telephone Telegraph Company v. Los Angeles — Opinion of the Court”, is a work by William Henry Moody. It explores elements such as ordinance, telephone and franchise.

Quotes from Home Telephone Telegraph Company v… (William Henry Moody)

William Henry Moody, Home Telephone Telegraph Company v…

“ The surrender, by contract, of a power of government, though in certain well-defined cases it may be made by legislative authority, is a very grave act, and the surrender itself, as well as the authority to make it, must be closely scrutinized. No other body than the supreme legislature (in this case, the legislature of the state) has the authority to make such a surrender, unless the authority is clearly delegated to it by the supreme legislature. The general powers of a municipality or of any other political subdivision of the state are not sufficient. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ The facts in this case which seem to us material upon the questions of the authority of the city to contract for rates to be maintained during the term of the franchise are as follows: The charter gave to the council the power 'by ordinance . . . to regulate telephone service and the use of telephones within the city, . . . and to fix and determine the charges for telephones, and telephone service and connections.' This is an ample authority to exercise the governmental power of regulating charges, but it is no authority to enter into a contract to abandon the governmental power itself. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ It would be conceivable, of course, that the members of the legislature themselves might be subjected to the same process of recall, but it hardly would be contended that that fact would lessen the legislative power vested in them by the Constitution and laws of the state. The charter of the city also contains a provision that, upon petition of 15 per cent of the voters of the city, any ordinance proposed must be submitted to the people and may be by them adopted. It is said, therefore, that the power of rate regulation might be, in this manner, exercised directly by the electorate at large. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ Rep. 493, that two acts of the legislature, passed on successive days, authorizing municipalities to 'contract for a supply of water for public use for a period not exceeding thirty years,' and to authorize private persons to construct waterworks 'and maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years,' did not confer an authority upon the municipality to contract that the water company should be exempt from the exercise of the governmental power to regulate rates. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ The power to fix, subject to constitutional limits, the charges of such a business as the furnishing to the public of telephone service, is among the powers of government, is legislative in its character, continuing in its nature, and capable of being vested in a municipal corporation. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ An ordinance of the city provided that the rates should be fixed at a regular and special meeting of the city council held during the month of February of each year, and another ordinance, as has been shown, required the telephone company to render annually, in the month of February, to the city council, a statement of its receipts, expenditures, and property employed in the business,-facts which would be material on the question of fixing reasonable rates. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ It grants a franchise for fifty years, which is to be enjoyed in accordance with terms and conditions named, stipulates for certain free service for the city, and the payment to it, after five years, of 2 per cent of the gross receipts, and provides that the charges for service shall not exceed specified amounts. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ For aught that appears, the other company may have brought its patrons into communication with a very much larger number of persons, dwelling in a much more widely-extended territory, and rendered very much more valuable services. ”

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Source: Wikisource

William Henry Moody, Home Telephone Telegraph Company v…

“ In view of this language it cannot be supposed that the legislature intended that so significant and important an authority as that of contracting away a power of regulation conferred by the charter should be inferred from the act, in the absence of a grant in express words. But there is no such grant. The argument of the appellant, that the authority was granted, is based upon the provisions of the act that an application for the franchise must be filed, and, in the discretion of the council, published ”

William Henry Moody

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