Municipal Control of Public Utilities: A Study of the Attitude of Our Courts Toward an Increase of the Sphere of Municipal ActivityColumbia University Press, 1906 - 109 páginas |
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Página 29
... denied . " And to the same effect is Ellinwood vs. City of Reeds- burg , ' where the court says : " It is not necessary to seek for an express delegation of power to the city to build a waterworks and electric - lighting plant in order ...
... denied . " And to the same effect is Ellinwood vs. City of Reeds- burg , ' where the court says : " It is not necessary to seek for an express delegation of power to the city to build a waterworks and electric - lighting plant in order ...
Página 34
... denied . The debate is with respect to the nature of the use . As to that , for the sake of convenience we divide all the purposes for which the city furnishes water into three classes : ( 1 ) to extinguish fires and sprinkle the ...
... denied . The debate is with respect to the nature of the use . As to that , for the sake of convenience we divide all the purposes for which the city furnishes water into three classes : ( 1 ) to extinguish fires and sprinkle the ...
Página 39
... denies the defendant the right to furnish light to its inhabitants in the absence of any express statutory power in connection with supplying the streets and public places of the city . The court in this case fails to follow its earlier ...
... denies the defendant the right to furnish light to its inhabitants in the absence of any express statutory power in connection with supplying the streets and public places of the city . The court in this case fails to follow its earlier ...
Página 42
... denies that an act " authorizing the lighting of public streets , and places in the cities , towns , townships , boroughs , and villages of the State and to erect and maintain the proper appliances , etc. , " gives the power to a ...
... denies that an act " authorizing the lighting of public streets , and places in the cities , towns , townships , boroughs , and villages of the State and to erect and maintain the proper appliances , etc. , " gives the power to a ...
Página 62
... denied application and refuted as unsound by the court of Kentucky . The case of City of Louisville vs. Commonwealth , ' decided in 1864 , shows the attitude of that court to be a peculiar one , and the law of that case still obtains in ...
... denied application and refuted as unsound by the court of Kentucky . The case of City of Louisville vs. Commonwealth , ' decided in 1864 , shows the attitude of that court to be a peculiar one , and the law of that case still obtains in ...
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Términos y frases comunes
action charged charter cipal corporations citizens Clarksburg conferred constitutional construction contract decided in 1895 decision defendant city discretion duty electric light electric-light plant enjoin erect and maintain ex rel exempt from taxation exercise express expressly favor furnish light Gas Light gas or electricity governmental held implied powers inhabitants interest Knoxville Water Co lease legislative legislature light the streets limits Louisville Water Co Mayor muni municipal activity municipal corporations municipal ownership municipal purpose natural gas neces necessary Ohio St opinion ordinance OSCAR LEWIS ownership and operation permit police power poration power to regulate powers of municipal private corporations privileges public places public purposes public utilities question rates reasonable refusing rule of law Rushville saying sphere of municipal statute statutory authority streets and public supply Supreme Court taxation tion trust ultra vires Vicksburg Waterworks Co Walla Walla
Pasajes populares
Página 85 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 99 - But it should also be remembered that the judiciary ought not to interfere with the collection of rates established under legislative sanction, unless they are so plainly and palpably unreasonable as to make their enforcement equivalent to the taking of property for public use without such compensation as, under all the circumstances, is just, both to the owner and to the public...
Página 99 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Página 6 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Página 46 - In deciding whether, in the given case, the object for which the taxes are assessed falls upon the one side or the other of this line, they must be governed mainly by the course and usage of the government, the objects for which taxes have been customarily and by long course of legislation levied...
Página 81 - The authorities are all agreed that a municipal corporation, when exerting its functions for the general good, is not to be shorn of its powers by mere implication. If by contract or otherwise it may, in particular circumstances, restrict the exercise of its public powers, the intention to do so must be manifested by words so clear as not to admit of two different or inconsistent meanings.
Página 78 - That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.
Página 100 - The corporation has the exclusive right to control and regulate the use of the streets of the city. In this respect it is endowed with legislative sovereignty. The exercise of that sovereignty has no limit, so long as it is within the objects and trusts for which the power is conferred. An ordinance regulating a street is a legislative act, entirely beyond the control of the judicial power of • the State.
Página 59 - That all freemen when they form a social compact, are equal in rights ; and that no man or set of men, are entitled to exclusive, separate public emoluments or privileges, from the community, but in consideration of public services.
Página 41 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.