South Shore Utility Co. v. Railroad Commission

It is undisputed that the board of trustees of the village of Combined Locks, on the 18th day of January, 1929, granted a franchise to the South Shore Utility Company and that this franchise is the only one ever granted by the village. It is apparently conceded by the respondents that the franchise so granted is valid unless at the time it was granted there was in operation in the village, under an indeterminate permit, a public utility engaged in similar service. Sec. 196.50, Stats. 1927, provides in part as follows :

“No license, permit or franchise shall be granted to any person,…