The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-06-30
TELEPHONE TAX IS VALID.
SUPREME COURT so DECIDES IN
OGDEN VS.. TELEPHONE co.
City Telephones Do Not Come Under
the Interstate Commerce Law
The Ordinance Passed By City
Council Is Constitutional.

The ordinance passed by the city
council Of Ogden City about year
ago imposing license Of s. per annum
each on telephone instruments, has
been declared constitutional by the SUI
preme court.
The opinion was handed down yes
terday in the case of Ogden City, APP
pellant, VS.. William w. CrosSman and
the Rocky Mountain Bell Telephone
company, and reverses the judgment
of the district court.
The proceedings were begun in June,
1897, by the defendants being charged
before a justice of the peace, with vio-
lating the city ordinance by not pay
ing the license. They were fined 81 each
and appealed to the district court,
where they were discharged, Judge Ro-
lapp holding that the information did
not state facts sufficient to constitute a
public offense and that the ordinance
under which the change was made was
unconstitutional and void.
The respondents moved to have the
appeal to the supreme court dismissed
for the reason that there is no appeal
from a verdict of not guilty, but as the
question hinged on a constitutional
point the supreme court held that II
had jurisdiction.
The respondents in their brief, con-
tended that they We're engaged in a
business coming under the laws of in
ter-state commerce, and that the tele-
phone was an instrument of interstate
commerce, and therefore, not subject to
taxation in the manner attempted by
Ogden City.
The opinion of the court, which was
written by Justice Miner and concurred
in by Chief Justice Zane and Justice
Bartch, holds that the Interstate COM
merce law does not apply in this case.
because subscribers who rent tele-
phones pay a stipulated sum for the
privilege of conversing with other sub
scribers in Ogden and can only talk
with persons in other states by paying
an additional fee and that the ordi-
nance applies to ard affects only the
local business of the telephone COM
Pany.
On the point of the constitutionality
of the ordinance, the court cites section
2S9. compiled laws of Utah of 1888,
which authorizes the city council to
license, tax and regulate bankers,
agents, expressmen, express companies,
telegrapherS, aSSayerS and other SINH
lar occupations, and that another sec
ton authorizes city councils to raise
revenues by licenses on any private cor
porations or business within the city
limits The ogden City council there
fore, it is held, had authority to pass
the ordinance and the same is consti-
tutional.
The respondents also contended that
the license is excessive and unreason-
able, but in this regard the court holds
that the legislature gave the city coun-
Gil discretion to determine lust how
far it could go within the limits i'm
posed and there is every presumption
that the council was actuated by pure
motives" In such cases the council,
and not the court, is held TO be the re-
pository of this public trust, and it
should be a plain case to justify the
court in interfering with the determi-
nation Of the council or in questioning
its motives in enacting the ordinance.
The respondents also contend that the
ordinance was void because it at
tempted to punish by fine and impris
onment the failure to pay a purely
revenue tax. The court, however. no DIS
against the respondents on that point.
The case is remanded with instruc-
tons to the trial court to reverse and
set aside its order and judgment, but
10 discharge the defendants from GUS
tody in view of the fact that they have
been tried and acquitted.