Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 270

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 270

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...for the purpose of voluntarily acquiring, constructing and operating street railways, for public use, in the conveyance of persons and property in the city of St. Louis, with the consent of the said city, and with the reserved right in the State to alter and amend such charter in such manner, and to such extent as might be necessary for the well-being of the State; and, under this reserved right to alter, and amend, and to prescribe and impose duties from time to time in accordance with changed conditions, the State has the right to require the Railways Company to' take those steps, necessary to be taken, to extend its transportation facilities for the public use, and for the satisfying of the public needs in the city of St. Louis. Sec. 5, art. 12, Constitution; Shields v. Ohio, 95 U. S. 319-324; Railroad v. New Haven, 203 U. S. 379-388; Stanislaus Co. v. Canal and Irrigation Co., 192 U. S. 201; and authorities cited under points 3 and 4. (6) The new charter provisions of the city of St. Louis undertaking to give the city power to compel street railways to make extensions, being out of harmony and inconsistent with the general laws of the State, are invalid. The power of consent or denial that may be exercised by the city, to the application of the Railways Company, partakes less of contractual than of governmental power. The court will not presume that the city will deny the application of the company, or that it will attempt to make its consent thereto dependent upon conditions inconsistent with the Constitution and general laws of the State. Sec. 23, art. 9, Constitution; Public Service Commission Act, Laws 1913; Hayes v. Railroad, 111 U. S. 228. WALKER, J.--In April, 1914, complaints were filed with the Public Service more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • English
  • Illustrations, black and white
  • 1236909100
  • 9781236909107