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 11
... discretion by covenant the court said : " Sixty years ago , when the lease was made , the premises were beyond the inhabited parts of the city . They were a common ; and bounded on one side by a vineyard . Now they are in the very heart ...
... discretion by covenant the court said : " Sixty years ago , when the lease was made , the premises were beyond the inhabited parts of the city . They were a common ; and bounded on one side by a vineyard . Now they are in the very heart ...
Página 15
... discretion of municipal corporations , within the sphere of their powers and particularly their private powers , is not subject to judicial control , except in cases where fraud is found or where the power or discretion is being grossly ...
... discretion of municipal corporations , within the sphere of their powers and particularly their private powers , is not subject to judicial control , except in cases where fraud is found or where the power or discretion is being grossly ...
Página 16
... discretion of the City Council , and unless there is fraud in the execution of the contract , courts will not inquire into this discretion . " Again in the case of Janeway vs. City of Duluth , the court said : Whether or not a new water ...
... discretion of the City Council , and unless there is fraud in the execution of the contract , courts will not inquire into this discretion . " Again in the case of Janeway vs. City of Duluth , the court said : Whether or not a new water ...
Página 17
... discretion where it will save and where it will spend ; and the case must be a very clear one , and the subterfuge very plain , before that discretion can be regarded as having been exceeded so as to show an excess of power under a ...
... discretion where it will save and where it will spend ; and the case must be a very clear one , and the subterfuge very plain , before that discretion can be regarded as having been exceeded so as to show an excess of power under a ...
Página 18
... discretion of the municipality in cases of its abuse in order to protect the citizens . In refusing recovery for services to the city , rendered in good faith , the court shows how far it will go to protect the citizens against an abuse ...
... discretion of the municipality in cases of its abuse in order to protect the citizens . In refusing recovery for services to the city , rendered in good faith , the court shows how far it will go to protect the citizens against an abuse ...
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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.