Rogers Park Water Co. v. Fergus
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This is a petition for a writ of mandamus which was brought by the defendant in error on the 13th of December, 1897, in the circuit court of Cook County, State of Illinois, against the plaintiff in error, to compel it to furnish him water at rates fixed by an ordinance enacted by.the city of Chicago. • The defence is that such ordinance impairs the obligation of the contract which plaintiff iff error claims to 'have with…
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This is a petition for a writ of mandamus which was brought by the defendant in error on the 13th of December, 1897, in the circuit court of Cook County, State of Illinois, against the plaintiff in error, to compel it to furnish him water at rates fixed by an ordinance enacted by.the city of Chicago. • The defence is that such ordinance impairs the obligation of the contract which plaintiff iff error claims to 'have with the village of Rogers Park before its annexation to the city of Chicago, as hereinafter mentioned. The village of Rogers…
1Opinion of the CourtJustice McKenna
At the time of the passage of the ordinance in November, 1888, by the village of Rogers Park, counsel for plaintiff in error says “ two general acts were in force in Illinois, which related to the power of municipalities to pass ordinances for waterworks to be built and operated by private enterprise.’-’ The first is as follows:
“ An act entitled £ An act to enable cities, incorporated towns and villages to contract for a supply of water for public use, and to levy and collect a tax to pay for the water so supplied.’. • Approved April 9,1872.” In force July 1,1872. Laws, 1871-2, p. 271. This…
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