40 F. 615 | U.S. Circuit Court for the District of Eastern Pennsylvania | 1889
On the trial defendant presented the following point: “Under the evidence in this case the license fee sought to be recovered by the plaintiff is much more than the cost of the regulation, and excessive — it is therefore unreasonable in law and void — and if you believe the evidence in the case, your verdict must be for the defendant.” The point was reserved, and the court submitted the case to the jury under the following instructions: “The city of Philadelphia sues to recover license fees underthe ordinance before you. Whether the ordinance is valid or not depends upon the question whether it is reasonable, as respects the amount required to be paid, by the defendant and other similar companies using lines of wire within the city. The city cannot tax these companies, and does not, as declared by counsel, seek to do so. Nor can it prohibit them from establishing and maintaining their lines but it can subject them to proper regulations and supervision, with a view to the protection of persons and property. It is the dirty of the city to prescribe such regulations and conditions, and to exercise such supervision. If it failed in this it would be responsible to citizens who might be injured .either in person or property. It is readily seen that tbe construction and maintenance of thes.e lines subjects the city to serious responsibility, and considerable expenditure, and for this the city may demand indemnity and reimbursement. Thus you observe the question is, as before stated, is the ordinance reasonable? The city has power to enact such an ordinance if its exactions are not excessive. In passing upon the question of excessiveness, the city should not be subjected to a contracted or narrow view, but be treated with fair and reasonable liberality. Turning now to the evidence you must determine whether the ordinance is reasonable.” The jury have found for the plaintiff, the point must now be disposed of. It embraces , the entire case. The validity of the ordinance, judged by the testimony. The