Municipal Control of Public Utilities a Study of the Attitude of Our Courts Tow

Cover Municipal Control of Public Utilities a Study of the Attitude of Our Courts Tow
Municipal Control of Public Utilities a Study of the Attitude of Our Courts Tow
Oscar L Oscar Lewis Pond
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83] POWER TO GRANT EXCLUSIVE FRANCHISES 83 corporation- cannot grant to any fuel or gas supply company a monopoly of its streets. There is nothing in the nature or business of such a company making its use of the streets necessarily exclusive. The spirit and policy of the law for- bid municipal corporations from creating monopolies, by favoring one corporation to the exclusion of others. It is probably true that a municipal corporation may make a con- tract with a gas company for supplyin
...g light to the public lamps for a limited time, even though it be for a number of years; on this point, however, there is some conflict, but there is no conflict on the proposition that, in the absence of express legislative authority, a municipal corporation can not grant to any corporation the exclusive privilege of using its streets. " And finally the Supreme Court of the United States in the case of Freeport Water Co. Vs. City of Freeport, ^ has said : " The power of a municipal corporation to grant ex- clusive privileges must be conferred by explicit terms.

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