Legal Opinion

Columbus v. Mercantile Trust & Deposit Co. of Baltimore

Supreme Court of the United States

Decided November 7, 1910No. 41PublishedCited by 23 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. The facts, which involve the constitutionality of certain ordinances of the city of Columbus, Georgia, are stated in the opinion. The contract conferred upon the Water Works Company-no exclusive right to furnish the city and its inhabitants with water; and hence the construction by the city of its own water system would offend no constitutional principle.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. The facts, which involve the constitutionality of certain ordinances of the city of Columbus, Georgia, are stated in the opinion. The contract conferred upon the Water Works Company-no exclusive right to furnish the city and its inhabitants with water; and hence the construction by the city of its own water system would offend no constitutional principle. The source of supply selected having proven deficient, and having been practically abandoned, the Water Company has no exclusive right to supply the…

1Opinion of the CourtJustice Lurton

This is a bill by the trustee under a mortgage made by the Columbus Water Works Company upon its plant and franchise to secure an issue of bonds, to enjoin the municipal authorities of Columbus, Georgia, from constructing and operating a municipal water system, thereby impairing the obligation of a contract between the city and the water works company granting to the latter, for a term of thirty years an exclusive right to maintain a water works .system in the streets of the city.

The bill, in substance, avers, .and the answer admits, that the city has procured from the legislature of Georgia…

2Cases cited3 opinions

  1. Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
  2. Hamilton Gas Light & Coke Co. v. Hamilton CitySupreme Court of the United States · 1892
  3. Farmers' Loan & Trust Co. v. GalesburgSupreme Court of the United States · 1890

3Cited by23 opinions

  1. German Alliance Insurance v. LewisSupreme Court of the United States · 1914
  2. Brush v. CommissionerSupreme Court of the United States · 1937
  3. Manufacturers' Finance Co. v. McKeySupreme Court of the United States · 1935
  4. New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
  5. Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942

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