Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1900-06-22


! ance and use ofthe works. appliances
and instrument lities, by which such
| supplies. must be = furnished. In
Walla Walla vs.. Walla Nalla Water
Co., Up U. !. 10, the court, after re-
ferring to several decided cases, adds
1T is true that in these cases: the
franchise was granted directly by
the state legislature, but it is equal
~ clear that such franchises may he
,besto y ed upon corporation by
municipal authorities, provided the
right to do so i3 given by their
charters. State legislatures may
not only exercise their sovereignty
directly, but may delegate such por-
tons OF, it. to inferior legislative
bodies as, in their Judgment, is de-
sirable for local purposes And
such grant OF franchise, after per-
Torrance by the grantee, is a con-
tract protected by the constitution
OF the United States against state
| ltS lclu llO11 " 1All Pe]1A ~
New Orleans Gas Coz VS.. Louisi-
ana Light Co.. lis L. S. $50.
New Orleans Water Works VS..
Rivers, 115 [. S. Oh.
Louisville Gas Co. vs.. Citizens
Gas co.. 1l5 Z. S. 6S3.
Walla Wallu VS.. Walla Walla
Water Co.. l72 L. $.
State legislation includes OF course
legislation by municipal bodies
created by the state, with powers OF
legislation for local purposes. In
the case last above cited, at page 10,
the court says:
eve know Of no case in which it
has been held that an ordinance al
legged to impair Il priOrcOntract with
a gas or water company, did not
create a case under the constitution
and laws OF the United States.
It follows therefore that the Or
dinance (Ex. j" attached to the
bill) passed by the common council
OF Little Falls April i, 1896, lover the
veto OF the mayor. purporting to
repeal the prior ordinances (Ex. 'A'
and Elk. "B.") which granted the
franchises under which the water
plant was construc ted, as we'll as
the resolution (Ex. "W'' attached to
the bilD passed by the same common
council on the 3rd day OF February,
1896, purporting 10 amend. SET aside
and cancel the contract Elk. u be-
tween said city and the complaint
ant OF August ?. 1890, whereby said
city contracted to use and pay for
p arc lights at the rate OF $96 per
year for each for the term Of - years
from that date, were acts OF al legis-
lative character relating to3matter
within the general scope OF authority
OF the common council. but having
the effect, if valid, to impair and
destroy the franchises and contracts
under which the complainant had
constructed, maintained, and was
and is operating it's water plant and
electric light plant, and performing
it's contracts with said city. Hence
the said ordinance eek. "J'') and
the said resolution (Ex. "W'O are
both invalid; being in contravention
OF that clause OF Section 10 of Article
OF the Constitution lof the United
States which forbids any state from
passing any law impairing the OBJ
legation OF contracts. They iniur-
iously affect the complainant by
casting a cloud upon it's Franchises
and right to occupy and use 1.-THE
streets and public grounds of
the city, and upon the3 validity
and continued existence OF it's, con-
tracts with the city for lthe supply
to it OF water and light; and: thus
tend to seriously to depreciatc the
value OF complainant's property,
impair it's credit, and 3embarass fits
business.
AS to the showing to: the effect
that the city OF Little Falls is taking
steps to construct plant for the
supply of water and electric light, it
appears that% the complain
ants franchises are not exclusive,
and that there was not, as in Walla
Walla case above cited, any contract
on the part OF the city that it would
not during the term for which the
franchises were granted erect, main
tain, or become interested in other
like works. The bill also alleges
that private consumers OF water
will not make connections with the
proposed plant of the city, so that
the case does not come within the
holding in the recent case OF South
west. Missouri Light, Co. City Of
Joplin, 10l Fed. %. There seems to
be no sufficient reason for enjoining
the city from constructing and op-
Grating a water pla"t and electric
light plant to supply itself, over and
| -1~ S1u1o+ ~,