State v. City of New Orleans
Supreme Court of Louisiana
Suit by the State of Louisiana against the City of New Orleans and others, to prevent the municipality from entering into any contract regarding street railway franchises beyond what the state alleged as the limit of municipal authority, in which a temporary restraining order was issued, and a suspensive appeal therefrom denied, and the defendants Mayor and Commissioners applied directly to the Supreme Court for writ of prohibition to annul the restraining order and…
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Suit by the State of Louisiana against the City of New Orleans and others, to prevent the municipality from entering into any contract regarding street railway franchises beyond what the state alleged as the limit of municipal authority, in which a temporary restraining order was issued, and a suspensive appeal therefrom denied, and the defendants Mayor and Commissioners applied directly to the Supreme Court for writ of prohibition to annul the restraining order and temporary injunction.
1DissentProvosty, J.
On representation made to the commission council of the city of New Orleans by the company owning and operating the street railways of the city that, due to the increase in the cost of labor and materials, the system could no longer be operated on the 5-eent,fare fixed in the franchises under which the said railways were allowed the use of the streets, said commission increased the fare to 6 cents.
Satisfactory operation not being possible even at this increased rate, recourse was had to a receivership in the United States District Court for the Eastern District of Louisiana.
The court…
2Cases cited19 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
- Bigelow v. ForrestSupreme Court of the United States · 1870
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
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