Graff

The appellant is the owner and operator of an electric light and power plant, and engaged in furnishing light and power to the town of Seward, Alaska, and its inhabitants. In 1923 the Legislature of Alaska conferred upon municipalities the power to regulate rates and charges for such service, and provided for a public hearing preliminary to the fixing of rates. On February 18, 1924, the town of Seward enacted Ordinance No. 78, requiring the establishment of meters and prescribing rates for electric light and power, to go into effect September 2, 1924. The appellant brought suit to restrain the enforcement of the ordinance, on the ground that the rates fixed thereby were confiscatory. Upon the pleadings and proof the court made findings of fact, and found that the plaintiff had failed to prove by a fair preponderance of the evidence that the rates fixed by the ordinance were confiscatory, and found that the rates prescribed were reasonable, and that they allowed the appellant a fair and reasonable return upon the investment made in property used and useful in the public utility which he owned and operated. Thereupon injunction was denied and the complaint was dismissed.

Error is…