The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1903-06-13
DECISION OF JUDGE MORGAN
DIssOLvEs THE INJUNCTION
says Occur d'AIene Has Power to Grant
Franchises TO Cable Milling Company
or Any One EIse-street sprinkIing a
Pebble Necessity.

Gasc WHICH LAS
been pending in the superior court
for several weeks, was decided last
Friday by Judge Morgan in favor of
the city. The judge says in full
AT the time Of the hearing at
Rathdrum it Was agreed by the parties
that both the question Of the motion
Of plaintiffs TO continue the injunc-
ton pendente lite. and the motion Of
defendants to dissolve the injunction
heretofore granted, should be heard
al the same time. therefore the court
will pass upon both questions in this
decision.
The court has carefully examined
into the questions presented by the
several briefs. and the records in the
case. The prayer Of the plaintiffs in
this suit, as appears from their com
plant, is that the board of trustees
Of the village of Occur d'Alene, Ida
BIO, be enjoined from ratifying and
carrying into effect their action in
passing ordinance No. So. and that
the Cable Milling company be en-
Joined from exercising any rights or
functions under said ordinance No.
So.
The court il Of the opinion that
no ordinance can be passed by the
village Of Occur d'Alene which can.
IN any manner. effect the vested
rights Of the plaintiffs given them by
the village under ordinance No. IL.
That the clause in said ordinance
No. 50 which provides that All or
dinAnces or parts OF ordinances in
conflict with this ordinance are hereby
repealed. can not and does not affect
any OF the rights conferred by ordin-
snce No. II.
That that portion Of ordinance No.
y which provides that the plaintiffs
shall have an exclusive franchise il
void under the laws of the state OF
Idaho, and tina, the village Of Occur
Alene has the RICH; TO grant further
franchises. for the purposes mention
ed. 10 the Cable Milling company. or
any one else.
The plaintiffs claim that. under
the laws o. Idaho. there is a distinc-
ton made between persons granted
franchises similar TO the ones in
question herein. granted by the vii
lage Of Coeur d'Alene. aud those
granted 10 corporations under similar
circumstance. TIE court is nf the
opinion that the word Corporation
used ia the statutes applies with
equal force to person or persons
acting under such grant.
The circuit court Of appeals. sit
ting at San Francisco. has lately
passed upon questions similar TO those
arising in this case, and. while the
decision il not al hand. the court has
been able 10 examine a portion Of
what was held by tina, court. which
II IN substance as follows:
That under the laws of Idaho.
persons or corporations acting under
franchises similar TO those granted by
the village of Coeur d'Alene. must
furnish free OF charge water for fire
purposes aud other public necessities
including the sprinkling Of streets:
that the municipal authorities may.
from time 10 time. a. they deem the
occasion requires. impose upon such
persons or corporations acting under
such franchises such new and further
obligations as they see FIT for the ben
eft and good Of the public; there
by holding that, in consideration Of
the granting of these franchises and
the use Of the public streets and al
leSs To these persons or corporations.
that the public shall have such service
as they may require, and as the con
slant increase in population and the
upbuilding of cities and towns de-
mand.
The order of the court is. there 1
fore. that the injunction heretofore
granted he continued as against the I
village of Occur d'Alene. Idaho. act
ing through its board of trustees, re- /
srtaining il, until the further order /
of this court, from repeating or at
tempting TO repeal. ordinance No. IL, /
in so far rs the same relates TO the /
rights of the plaintiffs to lay water
mains and pipes in. through aud /
along any and all Of the streets aud I
alleys included within the corporate .
limits Of said town for the purpose
Of conducting and distributing and
selling water to the inhabitants there
of.
The injunction heretofore issued 4
is hereby dissolved in SO far as the
same enioins the Cabel Milling com.
pany from exercising the rights grant
ed 1t under ordinance No, SO. "