Central Ky. Natural Gas Co. v. Railroad Comm'n of Ky., 290 U.S. 264 (1933)
Linked as:
Text
U.S. Supreme Court CENTRAL KENTUCKY NATURAL GAS CO. v. RAILROAD COM'N, 290 U.S. 264 (1933)
[Page 290 U.S. 264, 275]
commission and the court. See Atchison, Topeka & Santa Fe Ry. v. United States, 284 U.S. 248, 52 S.Ct. 146.
It is apparent that any decree, to be entered here, upon findings so restricted, must be similarly restricted in its operation and should speak of the validity of the commission's rate only as of a time approximating the date when the franchise became effective. Respondents assail the court's findings that the 45-cent rate was confiscatory and that the 50- cent rate was reasonable, and its findings of value and of the amount to be allowed as a deduction from gross revenue for amortization of the appellant's plants. So far as these objections and others are addressed to the weight of the evidence, we are satisfied that the evidence supports the findings as restricted in the manner already indicated. In view of the limited effect which must be given to any decree to be entered, we have no occasion to consider these objections in any other aspect.
The decree will be reversed and the cause remanded, with instructions to enter a decree enjoining so much of the commission's order as fixes the rate to be charged for gas distributed by appellant to consumers, and relinquishing any further control by the court or its receiver over the impounded fund in his hands by directing that he shall continue to hold such fund, not as receiver, but in his capacity as custodian for the Railroad Commission. The decree will state that it is without prejudice to the right and power of the commission to fix a just and reasonable rate, and that it makes no adjudication of the validity of the 45-cent rate fixed by the commission, so far as it may be affected by changed conditions after February 25, 1927, the effective date of appellant's franchise. Costs, other than in this court, will be awarded in the discretion of the court below.
REVERSED.
Mr. Justice SUTHERLAND took no part in the consideration or decision of this case.
Sponsored links
