Show COi 1 COMMISSION HAS NO POWER TO REGULATE MUNICIPAL RATES V Decision Handed Down by Supreme Court in Case of Utah Light Power Co vs Logan City Affects All Municipalities For a long time tune past there has been beena a controversy on between the Utah Light and Power Co and Logan City as to the charging of rates for electricity elec- elec in Logan It seems that the Commis Commis- Commission Commission sion after a hearing ordered Logan City to charge the same rate as the Utah Power Co and fixed the rates rotes for both concerns The case was appealed appealed appealed ap ap- ap- ap pealed to the Supreme Court which rendered the following follo decision Inasmuch as the complaint made of the order and the relief sought with ith respect to it involve only the rate or charge fixed by the commission commission commission commis commis- sion in so far as it affects the city and the of contracts entered into nto between Jet it and its customers the and judgment of this court necessarily is restricted to such mat mat- As to these the order is ed In other particulars it is not die die- Curbed d. d aThe a The chief points Involved in the case were Whether r or not a muni- muni owned utility plant is a public utility whether the commission regu regu- H h followed its authority In fixing the rate to be charged by the city and I whether the utilities act is constitutional constitutional constitutional in such particulars The opinion proceeds on the theory that it was not the legislative intent that the municipally owned plant should be included under the utilities act and that therefore the commission commission commis commis- sion slon had no jurisdiction over such a plant and no right to fix rates for power On this point the members of the court were vere divided The opinion further proceeds on the theory that if a municipally owned plant is Included within the act the commission in fixing a rate t to be charged by the city did not regularly pursue its authority and disregarded the statutes of the state The opinion further proceeds that if a municipal plant plan Is la Included in the act then the act is in conflict with the state constitution which forbids any agency of the state interfering in municipal property money or improvements Improvements Im- Im or with municipal I H |