Board of County Commissioners v. City of Wellington

*591The opinion of the court was delivered by

Johnston,. C. J.

The officers of Sumner county undertook to levy and impose taxes on a water-works plant owned by the city of Wellington. Originally the city granted to 0. W. Hill, and his assigns, upon certain conditions, the right.to construct and maintain water-works for the purpose of providing the city and its inhabitants with water. Under the franchise so granted the plant was constructed, and it was operated as a private enterprise for several years, when it was purchased by the city. Since that time the plant has been operated by the city, and,…