Brown v. Dakota Public Service Co.

BECK, Circuit Judge.

This cause involves an election contest instituted by appellants, as electors and taxpayers of the City of Mobridge, under the provisions of SDC Chapter 16.19. The picture in the background, as gathered from the record, is briefly as follows:

Prior to 1939, a utilities company known as the Northern Power and Light Company had # been operating at Mo-bridge, South Dakota, under a franchise permitting said company to maintain equipment upon the streets and alleys of said city, and to engage in the business of vending electric light, heat and power. Such franchise expired in…