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Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman

Cleveland State Law Review

The question is still much in a state of flux as to whether or not such regulations as Ohio Public Utilities Commission, Order No. 22,305,and actions taken thereunder, constitute an unconstitutional denial of due process. The large majority of cases, many of which have been decided by public utilities commissions, however, uphold the right of the telephone company to discontinue service summarily at the request of a law enforcement agency without the necessity of any further proof of illegal use of the equipment. With respect to the burden of proof as regards the legality or illegality of use and the …