. Electric railway journal . isdiction toenjoin the enforcement of any ordinance for the useof the streets which is in any substantial degree con-fiscatory, and, until it is established that terms of anordinance arbitrarily arrived at are reasonable andnot substantially confiscatory, this court may halt itsoperation pending inquiry. It follows that no right exists anywhere to compelthe company to run its cars upon any terms as to rateof fare or other conditions which are merely arbitrarilyordained, until it is decided that such arbitrary con- 772 ELECTRIC RAILWAY JOURNAL [Vol. XLIII, No. 14. d
. Electric railway journal . isdiction toenjoin the enforcement of any ordinance for the useof the streets which is in any substantial degree con-fiscatory, and, until it is established that terms of anordinance arbitrarily arrived at are reasonable andnot substantially confiscatory, this court may halt itsoperation pending inquiry. It follows that no right exists anywhere to compelthe company to run its cars upon any terms as to rateof fare or other conditions which are merely arbitrarilyordained, until it is decided that such arbitrary con- 772 ELECTRIC RAILWAY JOURNAL [Vol. XLIII, No. 14. ditions are reasonable. This court could not take overthe business of the company through a receiver andestablish an arbitrary rate of fare, or refuse to halt,until inquiry is had, the operation of an ordinance inwhich an arbitrarily determined rate of fare is fixed,without involving the court in an unlawful confiscationof property if it should develop that the rate of farefailed to bring revenue enough to provide the service. Toledo Fare Dispute—Advertisement of Mass Meeting the community ought to have, pay proper wages andother necessary expenses of operation, and leave a bal-ance equal to a fair return upon the reasonable valueof the investment employed—and the courts are prac-tically unanimous that a fair return should be 6 percent. This companys right to protection from confis-cation is precisely that of an individual owner ofproperty. Whether or not 3-cent fare or the alternative of$250 per day street rental, in case the company declinesto accept the 3-cent rate, are respectively, reasonableconditions, is very largely a matter of speculation withmost of us. A considerable amount of arbitrary deduc-tion controls our judgments. It may be, however, thatthe city has data and facts upon which its action inpassing the ordinance of last November was based, andwhich sustain the terms which the company complainsto be unreasonable. The Supreme Court of the UnitedStates, in the D
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