Boise City Irr. & Land Co. v. Clark

Citations

• 131 F. 415
• 65 C.C.A. 399
• 1904 U.S. App. LEXIS 4294

Syllabus

<p>1. Appeal — Decisions Reviewable — Decree Adjudicating Principle.</p> <p>A decree affirming an order of a municipal body fixing maximum rates to be charged by an irrigation company for water furnished consumers during a certain year may be reviewed on appeal, although the year has expired, where, under the statute, such rate continues until changed, or where some question of law is involved, the decision of which may affect the future action of the authorities. ¡</p> <p>2. Irrigation Companies — State Regulation oe Charges — Constitutionality oe Maximum Rates.</p> <p>Under the Constitution of Idaho, which declares the use of all waters appropriated for sale, rental, or distribution to be a public use, and the right to collect compensation therefor a franchise, which cannot be exercised except by authority of, and in the manner prescribed by, law, and which authorizes the Legislature to provide, as it has done, for the fixing of maximum rates to be charged for water so sold, an irrigation company appropriating water for sale has no authority to make a distinction between its consumers, and, while supplying some with water under private contracts at low rates, attack the validity of maximum rates fixed by the county commissioners under the statute, on the ground that, as applied to its other consumers, they will not yield a reasonable return on its investment, but will amount to a taking of its property without compensation. In determining the reasonableness of such rates, they must be considered as applicable to all its consumers.</p> <p>3. Same.</p> <p>A maximum rate to be charged by an irrigation company for water furnished to consumers, fixed by county commissioners as provided by statute, is not unconstitutional, as depriving the company of its property without compensation, because it will not produce sufficient revenue above expenses and fixed charges to pay a reasonable income on the money invested by the company, where its plant was constructed on a larger