Goodman v. Hamilton

S.M. Goodman, a taxpayer instituted this action to enjoin the city of Hamilton from performing a contract which it entered into with the Hamilton Furnace Co., to- furnish artificial gas to the city and its inhabitants.

It was claimed that the ordinance, proposed by initiated petition, authorizing the contract, is illegal, unconstitutional and void; it being-urged that municipalities have no power by legislation, to make contracts and a contract with a gas company is made in the exercise of its administrative, not legislative capacity. The ordinance was submitted to the electors of the…