State ex rel. Hallauer v. Gosnell
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Orosse county: J. J. Fbuit, Circuit Judge. Tbe city of La Crosse owns and operates a system of waterworks for tbe purpose of supplying water witbin tbe municipality for public and private use.
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Appeal from a judgment of tbe circuit court for La Orosse county: J. J. Fbuit, Circuit Judge. Tbe city of La Crosse owns and operates a system of waterworks for tbe purpose of supplying water witbin tbe municipality for public and private use. Its charter, prior to 1887, vested power in tbe common council, by subd. 11, sec. 3, subcb., IY, cb. 135, Laws of 1876, as amended by sec. 6, cb. 183, Laws of 1881: “To provide for tbe erection of waterworks for tbe supply ■of water to tbe inhabitants of tbe city; to lay down water pipes; to establish water rates to be paid by persons using the water…
1Opinion of the CourtMarshall, J.
Jurisdiction of the common council to pass the ordinance is challenged upon two grounds: First, because authority independently of the board of public works to fix rates was taken away from the common council by *611•cb. 162, Laws of 1887; second, because tbe charter does not grant authority to require consumers of water to measure the same through meters provided at their own expense.
We cannot escape the conclusion that the purpose of dropping out of the enumerated powers of the common council unlimited power to fix water rates and transferring initiatory authority in the matter to the board of…
2Cases cited5 opinions
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Knapp v. HellerWisconsin Supreme Court · 1873
- Saxton v. BeachSupreme Court of Missouri · 1872
- Irvin v. DevorsSupreme Court of Missouri · 1877
3Cited by23 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Krom v. Antigo Gas Co.Wisconsin Supreme Court · 1913
- Allen v. City of MilwaukeeWisconsin Supreme Court · 1906
- Mallon v. Board of Water CommissionersMissouri Court of Appeals · 1910
- State Ex Rel. Hippler v. City of BarabooWisconsin Supreme Court · 1970
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