Gill v. City of Lake Charles

Citations

• 122 La. 1019
• 48 So. 440
• 1909 La. LEXIS 636

Syllabus

<p>Municipal Corporations (§ 683*) — Railroads (§ 75*) — Streets—Granting- op Franchises in — Charter Provisions.</p> <p>Where the charter of a city, after vesting in the city council the power to 'grant street franchises to railroads, street railways, telegraph, telephone, and other corporations, provided that every application for a franchise should be published for three days, and competitive bids invited by proclamation of the mayor, and that if the franchise was granted it should be awarded to the highest responsible bidder for the amount, of his bid, and on such terms and conditions as might be agreed upon, including the annual payment of 2% per cent, of the gross in? come derived by the grantee from the franchise, held, that the prescribed manner for the exercise of the municipal power to grant street franchises was mandatory and exclusive of all other methods, and that this implied prohibition applied to all railroads seeking street franchise? for any'purpose whatever.</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. §§ 1471-1476; Dec. Dig. § 6S3 ;* ■ Railroads, Cent. Dig. §§ 183-191; Dec. Dig. § 75.*]</p> <p>(Syllabus by the Court.)</p>