City of Joseph v. Joseph Water Works Co.
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Eakin. The town of Joseph, afterward reincorporated as the “City of Joseph,” was incorporated by act of legislature in the year 1887 (Sp.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Eakin. The town of Joseph, afterward reincorporated as the “City of Joseph,” was incorporated by act of legislature in the year 1887 (Sp. Laws 1887, p. 181), and on March 23, 1894, the city of Joseph adopted an ordinance granting to defendant, a private corporation, the right of way through the streets of the town to lay water mains; section 1 thereof providing: “That the Joseph Waterworks Company and its successors and assigns are hereby granted the exclusive right and privilege to lay water mains and all necessary service…
1Opinion of the CourtJustice Eakin
1. It is first contended by plaintiff that the city had no power or authority to grant the franchise for the reason that a municipality can only exercise such powers as are either expressly granted or are necessarily implied by its charter. This may be conceded, but one of those powers, necessarily implied by the general welfare clauses of the charter, is to supply the city with, water. The authorities are quite uniform to this effect. 30 Am. & Eng. *589Enc. Law (2 ed.) 406; 20 Am. & Eng. Enc. Law (2 ed.) 1147; 28 Cyc. 686, 950; City of Indianapolis v. Indianapolis Gaslight & Coke Co., 66 Ind.…
2Cases cited16 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887
- Milhau v. . SharpNew York Court of Appeals · 1863
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
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3Cited by24 opinions
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- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
- Southwestern Telegraph & Telephone Co. v. City of DallasCourt of Appeals of Texas · 1915
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