City of Wagner v. South Dakota Light & Power Co.

I cannot agree with the conclusion reached in this cause. In my judgment the order vacating the injunction and sustaining the demurrer should be reversed.

It is said: “The city and the defendant’s predecessor were powerless to make an irrevocable contract as to rates.” This statement is somewhat misleading. It must be admitted that the city and the company could agree upon reasonable rates, and when they did so the contract would be binding, and it would remain binding until it was changed by the Legislature, the city, or consent of the parties. All rates must be reasonable. When the defendant…