THE DECISIONS OF THE Supreme Court of the United States AT OCTOBER TERM, 1898. Authenticated copy of opinion record strictly followed, except as to such reference words and figures as are inclosed in brackets.] [1] CITY OF WALLA WALLA et al., Appts., v. WALLA WALLA WATER COMPANY. (See S. C. Reporter's ed. 1-23.) Impairment of municipal contract-grant of right to supply water to a city-power to make-sufficiency of complaint-injunction, when granted-monopoly-police power of city-city erecting waterworks of its own-limitation of its indebtedness -provision of city charter. 6. the ground of a complete and adequate remedy at law, as the damage by the breach would be great, and perhaps irreparable, and exceedingly difficult of ascertainment. An ordinance granting the right to a water company for twenty-five years to lay and maintain water pipes for the purpose of furnishing the inhabitants of a city with water does not create a monopoly, or prevent the granting of a similar franchise to another company, especially when there is an express stipulation that the city shall not erect waterworks of its own, but no stipulation against granting another franchise. 7. A municipal contract for a water supply for a term of years is not vold as an attempt to barter away the police power of the city council, so as to justify its abrogation or impairment, when the water supply is innocuous and the contract is carried out with due regard to the good order of the city and the health of the inhabitants. 1. The impairment of a municipal contract for 8. Such franchises may be bestowed upon cor- 4. 5. An averment that the establishment by a city of competing waterworks would injure the value of the property of a water company, and deprive it of rentals which the city had agreed to pay, need not specifically state how such damage would be done. 8. The inadequacy of the supply of water, 10. A city charter authorizing a contract for a water supply, without providing for an election to ratify it, although it does provide for such an election as a condition of the erection of waterworks by the city, supersedes a general statute which requires such an election to ratify a contract for a water supply. [No. 28.] An injunction against the building of wa- with a water company will not be denied on 172 U. S. vember 14, 1898. Statement by Mr. Justice Brown: [2] *This was a bill in equity filed by the water company to enjoin the city of Walla Walla and its officers from erecting waterworks in pursuance of an ordinance of the city to that effect, or from acquiring any property for the purpose of carrying out such enterprise, [8] or from expending the moneys of the city or selling its bonds or other securities for the purpose of enabling the city to erect such waterworks. The facts are substantially as follows: By an act of the territory of Washington (November 28, 1883), incorporating the city of Walla Walla, it was enacted (section 11) that the city should have "power to provide a sufficient supply of water;" and by section 10 "to grant the right to use the streets of said city for the purpose of laying gas and other pipes intended to furnish the inhabitants of said city with light or water, to any persons or association of persons, for a term not exceeding twenty-five years, provided always, that none of the rights or privileges herein granted shall be exclusive, nor prevent the council from granting the same rights to others." Other sections are as follows: "Sec. 23. The city of Walla Walla shall [4] have power to establish and regulate the fees and compensation of all its officers, except when otherwise provided, and have such other power and privileges not here specifically enumerated as are incident to municipal corporations." "Sec. 24. The power and authority hereby given to the city of Walla Walla by this act shall be vested in a mayor and council, together with such other officers as are in this act mentioned, or may be created under its authority." "Sec. 43. The city council shall possess all the legislative power granted by this act." "Sec. 103. The rights, powers, and duties and liabilities of the city of Walla Walla and of its several officers shall be those prescribed in this act, and none others, and this is hereby declared a public act." "Sec. 105. The limit of indebtedness of the city of Walla Walla is hereby fixed at fifty thousand dollars." Pursuant to these sections of the charter, the city council, on March 15, 1887, passed "An Ordinance to Secure a Supply of Water for the City of Walla Walla," by which it granted under certain restrictions to the water company, for the period of twenty-five years from the date of the ordinance, "the right to lay, place, and maintain all necessary water mains, pipes, connections, and fittings in all the highways, streets, and alleys of said city, for the purpose of furnishing the inhabitants thereof with water." By section 4 the city reserved the right to erect and maintain as many fire hydrants as it should see fit, and, in case of fire, that the city should have all reasonable and necessary control of the water for the extin The ordinance also contained the following further provisions: "Sec. 11. The city of Walla Walla shall have power to erect and maintain waterworks within or without the city limits, or to authorize the erection of the same, for the purpose of furnishing the city or the inhab-guishment thereof. itants thereof with a sufficient supply of water, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect; but no waterworks shall be erected by the city until a majority of the voters, who shall be those only who are freeholders in the city, or pay property tax therein on not less than five hundred dollars' worth of property, shall at a general or special election vote for the same. "Sec. 12. Said city is hereby authorized and empowered to condemn and appropriate so much private property as shall be necessary for the construction and operation of such waterworks, and shall have power to purchase or condemn waterworks already erected, or which may be erected, and may mortgage or hypothecate the same to secure to the persons from whom the same may be purchased the payment of the purchase price thereof." "Sec. 22. The city of Walla Walla shall have power to adopt proper ordinances for the government of the city, and to carry into effect the powers given by this act." "Sec. 5. The city of Walla Walla shall pay to said Walla Walla Water Company [5] for the matters and things above enumerat ed, quarter-yearly, on the first days of July, October, January, and April of each year, at the rate of fifteen hundred dollars ($1,500) per annum, for the period of twenty-five (25) years from and after the date of the passage of this ordinance, the first quarterly payment to be made on the first day of October next (October 1, 1887). "Sec. 6. The city of Walla Walla shall during said period, without expense for water, be allowed to flush any sewer or sewers it may hereafter construct, at such time during the day or night as the water company may determine, and under the direction and supervision of such officers as the city may from time to time designate, not oftener than once each week. "Sec. 7. For all the purposes above enumerated said Walla Walla Water Company shall furnish an ample supply of water, and for domestic purposes, including sprinkling lawns, shall furnish an ample supply of good wholesome water, at reasonable rates, to con |