State ex rel. City of Sedalia v. Public Service Commission
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Councils of cities of the third class have the power and authority to enter into valid and binding contracts for furnishing the city water for fire hydrants without the necessiy of submitting such contracts to the voters.
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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Councils of cities of the third class have the power and authority to enter into valid and binding contracts for furnishing the city water for fire hydrants without the necessiy of submitting such contracts to the voters. R. S. 1909, sec. 9239. (2) Municipalities of Missouri are not creatures of the Legislature, hut are creatures of the Constitution, and therefore the Commission was in error in holding that the Legislature had the right to vest in the Commission the power to either legislate for the city, or to act for the city,…
1Opinion of the CourtGraves, J.
Stripped of all useless verbiage this case involves but one question. By ordinance of the city of Sedalia, duly accepted by the predecessor of the *205City Water Company of Sedalia, Missouri, it was provided that the rent on city hydrants should be thirty dollars per annum, and certain other water service to the city should be free of charge. This was what is usually called the franchise ordinance. It was never submitted to the vote of the people, but for the question here involved we deem this immaterial. The passage of the ordinance by the City Counsel, and the acceptance thereof by the…
2Cases cited8 opinions
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- Bacon v. WalkerSupreme Court of the United States · 1907
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
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