Helena Water Works Co. v. Helena
Supreme Court of the United States
APPEAL PROM THE UNITED STATES CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. This case was begun by a bill filed in the Circuit Court of the United States by the Helena Water Works Company, successor to the Helena Consolidated Water Company, to restrain the City of Helena from erecting, purchasing or acquiring a water works system for said city, and from acquiring water for such purpose, except it purchase the plant of the complainant company, and from incurring any…
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APPEAL PROM THE UNITED STATES CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. This case was begun by a bill filed in the Circuit Court of the United States by the Helena Water Works Company, successor to the Helena Consolidated Water Company, to restrain the City of Helena from erecting, purchasing or acquiring a water works system for said city, and from acquiring water for such purpose, except it purchase the plant of the complainant company, and from incurring any indebtedness or expenditure of money for such purpose. The rights in controversy are alleged to result from a contract made by…
1Opinion of the CourtJustice Day
As the ordinance under consideration contains no express stipulation that the city shall not build a plant of its own to supply water for public and private purposes, and the grant is expressly declared not to be exclusive of the right to contract with another company, this case, unless it can be distinguished, is ruled by recent decisions of this court. Long Island Water Supply Company v. Brooklyn, 166 U. S. 685, 696; City of Joplin v. Southwest Missouri Light Co., 191 U. S 150; Skaneateles Water Works Co. v. Skaneateles, 184 U. S. 354. ■These cases hold that the grant of the franchise does…
2Cases cited4 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- Hamilton Gas Light & Coke Co. v. Hamilton CitySupreme Court of the United States · 1892
- Skaneateles Water Works Co. v. SkaneatelesSupreme Court of the United States · 1902
3Cited by55 opinions
- Tennessee Electric Power Co. v. Tennessee Valley AuthoritySupreme Court of the United States · 1939
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
- Puget Sound Power & Light Co. v. SeattleSupreme Court of the United States · 1934
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
- State Ex Rel. City of Charleston v. CoghillWest Virginia Supreme Court · 1973
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