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.…
1Opinion of the CourtMcCULLOCH, C. J.
This action was instituted by the city of Helena attacking the validity of act No. 571 of the General Assembly of 1919 (regular session), creating the Arkansas Corporation Commission, and defining its duties, and abolishing the Railroad Commission and transferring its powers and duties to said Arkansas Corporation Commission.
There are two points of attack involved in the action: (1) That the statute was not legally enacted by the two houses of the General Assembly, in that the same bill was not voted on by the two houses; and (2) that it is not within the power of the General Assembly to…
2Cases cited12 opinions
- Harrington v. WhiteSupreme Court of Arkansas · 1917
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
- Greer v. Merchants & Mechanics BankSupreme Court of Arkansas · 1914
- Perry v. StateSupreme Court of Arkansas · 1919
- Smithee v. GarthSupreme Court of Arkansas · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Keenan v. PriceIdaho Supreme Court · 1948
- Hickenbottom v. McCain, Comm'r of LaborSupreme Court of Arkansas · 1944
- City of Denison v. Municipal Gas Co.Texas Supreme Court · 1928
- Hardin v. Fort Smith Couch & Bedding Co.Supreme Court of Arkansas · 1941
- Arkansas Motor Carriers Ass'n. v. PritchettSupreme Court of Arkansas · 1990
8 more not listed; retrieve them via the Exa API.