Helena Water Co. v. Helena
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; A. L. Hutch-ms, Chancellor; The act was constitutionally passed and does not impair the obligation of a contract. 204 S. W. 497; 163 Id. 585; 168 Id. 1156-1159 ; 204 Id, 386, 1074; 207 Id. 799. The city had no vested rights.. The Helena Water Company was only bound to furnish hydrants at certain rentals.
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Appeal from Phillips Chancery Court; A. L. Hutch-ms, Chancellor; The act was constitutionally passed and does not impair the obligation of a contract. 204 S. W. 497; 163 Id. 585; 168 Id. 1156-1159 ; 204 Id, 386, 1074; 207 Id. 799. The city had no vested rights.. The Helena Water Company was only bound to furnish hydrants at certain rentals. Where not constitutionally inhibited, the power to fix rates is a legislative faculty which is delegable to a public service commission. 207 S. W. 299. The doctrine of this case has often been approved. 225 Fed. 920; 206 U. S. 496; 194 Id. 517; 246 Id.…
1DissentHart, J.
On account of our respect for a co-ordinate department of the government, and as well for the opinion of our brother judges and of those who have without question accepted office under the act creating the Arkansas Corporation Commission, Judge Wood and the writer have deemed it proper not merely to voice our dissent on the record on the ground that the act is unconstitutional; but to give our reasons therefor in writing. It is a judicial saying that the Constitution is the paramount law of the land, and is the fortification within which the people have entrenched themselves for the…
2Cases cited6 opinions
- State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
- Rison v. FarrSupreme Court of Arkansas · 1865
- Greer v. Merchants & Mechanics BankSupreme Court of Arkansas · 1914
- Falconer v. ShoresSupreme Court of Arkansas · 1881
- Hutton v. KingSupreme Court of Arkansas · 1918
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