William Howard Taft

“ On September 27, 1922, the complainant filed with the Corporation Commission a petition, setting forth the original cost of construction of its plant, the amount expended in permanent improvements, and the earning capacity of the same under the schedule of rates provided in the franchise, and, because of the alleged inadequate return from them, asked the Corporation Commission to grant to it the right to charge rates higher by 10 per cent. ”

“ Only by securing the waiver of the franchise rates by order of the Corporation Commission speaking for the state, did the Water Company have any standing to ask for a fixing of rates in excess of the franchise rates. ”

“ This court held that comity must give way to constitutional right, and that the Gas Company was entitled to a hearing on its application for an injunction without awaiting the action of the state court. ”