Etowah Light & Power Co. v. Yancey

Citations

• 197 F. 845
• 1911 U.S. App. LEXIS 5447

Syllabus

<p>L Waters and Water Courses (§ 185*) — Electric Light and Power Com - pany — Incorporation.</p> <p>Complainant was organized in Tennessee and chartered to erect a system of waterworks and an electric light plant to supply the inhabitants of E. and surrounding community with water, light, and electricity to operate various industries; the charter authorizing it to maintain a system of waterworks and electric lighting and ice plants. Held, that complainant was incorporated under Acts Tenn. 1909, p. 825, c. 245, providing for the organization of corporations to construct, operate, equip, and maintain waterworks and electric lighting and ice plants, and not under Acts Tenn. 1909, c. 127, p. 449, authorizing the incorporation of water and electric light, heat, and water power companies; and this, notwithstanding an attempt to insert in complainant’s charier certain powers given to water, electric light, heat, and power companies.</p> <p>[Ed. Note. — For other cases, see Waters and Water Courses, Cent. Dig. § 285; Dec. Dig. § 185.*]</p> <p>2. Statutes (§ 259*) — Application—Population—Census—Certificate oí Census Supervisor.</p> <p>Acts Tenn. 1909, c. 245, providing for the incorporation of waterworks, electric lighting and ice plants, declares that it shall apply only to counties having a population of 20,920 and not exceeding 22,117, or a population of not less than 39,400 and not exceeding 39,450, according to the federal census of 1900 or any subsequent federal census. Held, that, where a federal census was taken and under it the act became applicable to a particular county, such applicability could not be defeated by reason of the fact that the supervisor of the census had not sent a certificate of the population to the clerk of the county court; there being nothing in the act requiring such certificate as a condition of applicability.</p> <p>[Ed. Note. — .For other cases, see Statutes, Gent. Dig. §§ 333, 340; Dec. Dig. § 259.*]</p> <p>3. Constitutional Law (§ 205*