Hiawassee River Power Co. v. Carolina-Tennessee Power Co., 252 U.S. 341 (1920)

Hiawassee River Power Company v.

Carolina-Tennessee Power Company
No. 208

Argued January 30, 1920
Decided March 22, 1920
252 U.S. 341

ERROR TO THE SUPREME COURT

OF THE STATE OF NORTH CAROLINA

Syllabus

The question whether a special act of a state legislature chartering a power company contravenes the equal protection and privileges and immunities clauses of the Fourteenth Amendment because it grants powers of eminent domain not conferred on a rival company organized under a general law is not necessarily decided by a ruling of a state trial court, in a suit by the former company against the latter to quiet title, admitting the special charter in evidence over defendant’s objection that it is void under the state bill of rights and constitution and violates the Fourteenth Amendment, nor is such question raised in the state supreme court by an assignment alleging merely that the trial court erred in admitting such evidence, and not mentioning the Amendment. P. 342.

A constitutional question not presented by assignment of errors or otherwise, or passed upon, in the state supreme court does not afford jurisdiction under Jud.Code, § 237; an attempt to raise it by the petition for a writ of error from this Court and the assignment filed here is too late, and allowance of the writ by the chief justice of the state court does not cure the omission. P. 343.

Writ of error to review 175 N.Car. 668 dismissed.

The case is stated in the opinion.