El Paso Water Company v. El Paso
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. This was an appeal from a decree of the Circuit Court of the United States for the Western District of Texas, sustaining a demurrer to the plaintiff’s original and amended bills, and dismissing the same.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. This was an appeal from a decree of the Circuit Court of the United States for the Western District of Texas, sustaining a demurrer to the plaintiff’s original and amended bills, and dismissing the same. The facts as alleged in the bills were substantially these: By an ordinance passed May 7, 1881, the city council of the city of El Paso, Texas, assumed to grant “ the sole and exclusive right, warrant and authority, for the period of fifteen years, to manufacture, sell and furnish water to .the inhabitants…
1Opinion of the CourtJustice Brewer
Probably the Circuit Court sustained the demurrer on the ground that under the constitution of the State of Texas, adopted in 1876, the attempt to grant exclusive rights in these matters was beyond the power of the city, and that, among other matters, is discussed at length by.counsel in their respective briefs. That constitution (article 1, section 26) provides that “ perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed.” In the case of Brenham v. The Brenham Water Works Co., 67 Texas, 542, the Supreme Court of the State, construing this…
2Cases cited1 opinion
- City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887
3Cited by9 opinions
- Colvin v. JacksonvilleSupreme Court of the United States · 1895
- Caffrey v. Oklahoma TerritorySupreme Court of the United States · 1900
- Dewar v. BrooksDistrict Court, D. Nevada · 1936
- Orleans-Kenner Electric Ry. Co. v. DunbarCourt of Appeals for the Fifth Circuit · 1914
- Riverside & A. Ry. Co. v. City of RiversideU.S. Circuit Court for the District of Southern California · 1902
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