City of Helena v. Helena Waterworks Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. This action was commenced in the United States Circuit Court for the District of Montana, on April 12, 1901, by the Helena Waterworks Company, a corporation organized and existing under' the laws of the state of New Jersey, to restrain the city of Helena, in the state of Montana, from erecting, constructing, purchasing, or otherwise acquiring a water plant and system, and from acquiring a water…
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Appeal from the Circuit Court of the United States for the District of Montana. This action was commenced in the United States Circuit Court for the District of Montana, on April 12, 1901, by the Helena Waterworks Company, a corporation organized and existing under' the laws of the state of New Jersey, to restrain the city of Helena, in the state of Montana, from erecting, constructing, purchasing, or otherwise acquiring a water plant and system, and from acquiring a water supply, to be owned and controlled by said city, for the purpose of furnishing said city and its inhabitants, or any…
1Opinion of the CourtMorrow, Circuit Judge
It is clear that Ordinance No. 248 does not grant an exclusive franchise to the water company to supply the inhabitants of the city of Helena with water during the term of the franchise, since the contrary is expressly provided in the first section of the ordinance granting the franchise and prescribing its terms. It is there provided that:
“Nothing herein contained shall he so construed as to give to the said Helena Consolidated Water Company, or its successors or assigns, the exclusive right of occupying the streets, avenues, alleys, and public grounds of said city with water mains and…
2Cases cited8 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Rice v. Railroad Co.Supreme Court of the United States · 1862
- Skaneateles Water Works Co. v. SkaneatelesSupreme Court of the United States · 1902
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Helena Consolidated Water Co. v. SteeleMontana Supreme Court · 1897
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3Cited by2 opinions
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- Farmers' Loan & Trust Co. v. Mayor of MeridianU.S. Circuit Court for the District of Southern Mississippi · 1905