Legal Opinion

Public Service Commission v. City of Helena

Montana Supreme Court

Decided July 17, 1916No. 3,830PublishedCited by 21 opinions

Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Proceedings by tbe Public Service Commission of Montana against the City of Helena and its executive officers. Judgment for defendants and plaintiff appeals. The business of furnishing water to the inhabitants of a city is a business charged with a public interest.

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Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Proceedings by tbe Public Service Commission of Montana against the City of Helena and its executive officers. Judgment for defendants and plaintiff appeals. The business of furnishing water to the inhabitants of a city is a business charged with a public interest. We deem it unnecessary to do more than to enumerate the various tests by which the courts have determined whether or not a particular business is a public utility. They are: 1. That the business in question is essentially a legal monopoly (Allnutt v. Inglis, 12…

1Opinion of the CourtJustice Holloway

By Chapter 52, Laws of 1913, a Public Service Commission for this state was created and its powers and duties defined. The city of Helena declined to submit to the supervision of the commission over its water system, and this controversy found its way into court, where it was decided in favor of the city and its executive officers. The commission has appealed.

1. Section 6, Article XIII, of our state Constitution, limits the indebtedness which a city may contract to three per cent of the value of the taxable property therein, but provides that the legislature may authorize an increase over…

2Cases cited15 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Providence Bank v. BillingsSupreme Court of the United States · 1830
  3. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  4. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
  5. NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908

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3Cited by21 opinions

  1. Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
  2. City of Logansport v. Public Service CommissionIndiana Supreme Court · 1931
  3. Oahe Conservancy Subdistrict v. JanklowSouth Dakota Supreme Court · 1981
  4. State Ex Rel. City of Missoula v. HolmesMontana Supreme Court · 1935
  5. Town of Holyoke v. SmithSupreme Court of Colorado · 1924

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