City of La Harpe v. Elm Township Gas, Light, Fuel & Power Co.

Citations

• 69 Kan. 97
• 76 P. 448
• 1904 Kan. LEXIS 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mines and Mining—Natural Gas—Public Business, /the production and distribution of natural gas for light, fuel and power is a business of a public nature, the control of which belongs to the state. •</p> <p>2. Highways — Supreme Control by Legislature. In the control of streets, alleys and other highways the power of the legislature is supreme and unlimited, except so far as it may be restricted, by constitutional provisions.</p> <p>3. Mines and Mining—Natural Gas—Right of Eminent Domain. It is competent for the legislature to provide for the laying of pipes and mains in streets, alleys and public grounds in order to distribute natural gas and transport it to consumers, and for this purpose there may be an appropriation of private property under the sovereign power of eminent domain.</p> <p>4. Corporations—Titles of Acts Not Too Narrow. The act entitled “An act concerning private corporations”'(Gen. Stat. 1868, ch. 23; Gen. Stat. 1901, § 1245 et seq.) and the acts amendatory of section 88 of that chapter, including chapter 128 of the Laws of 1901, are not invalid because of the narrowness of their titles.</p> <p>5. -Natural Gas in Cities—Consent of Municipal Authorities Unnecessary. Corporations organized for the production and distribution of natural gas may avail themselves of the privilege given by section 1366, General Statutes of 1901, of laying gas-pipes through any street, alley or public ground of any city of the second or third class, without, obtaining the consent of the municipal authorities thereof.</p> <p>6. Mines and Mining—Gas-pipes in Streets—Provision for Compensation Unnecessary. The statute granting to gas companies the privilege of laying pipes in the streets, alleys and public grounds of a city is not rendered invalid by reason of the fact that no provision is made for the payment of compensation to the city.</p> <p>7. -Injunction the Proper Remedy for Interference. Injunction is a proper remedy to prevent inte