Kansas Gas & Electric Co. v. City of Cherryvale

Citations

• 221 F. 237
• 137 C.C.A. 93
• 1915 U.S. App. LEXIS 1317

Syllabus

<p>StacTRioiTY <S=4r~Waters and Water Courses <@=>188—Regulation—Util-ities Commission.</p> <p>Under the Public Utilities Act Kan. (Laws’ 1911, c. 238) § 3, providing that the power and authority to control public utilities and common carriers situated and operated wholly or principally within any city, or prineipally operated for the benefit of the people of the city, shall be vested exclusively in such city, section 31, providing that no common carrier or public utility governed by the provisions of the act shall transact business in the state until it shall have obtained a certificate from the Public Utilities Commission, and section 33, empowering municipal councils or commissions to contract with any public utilities situated and operated wholly or principally within any city, or operated principally for the benefit of it or its people, a utility company, supplying water and light exclusively to a city, need not obtain a certificate from the Public Utilities Commission, and its contract with the city cannot be attacked for its failure to obtain such certificate.</p> <p>LEd. Note.—For other cases, see Electricity, Cent. Dig. § 1; Dec. Dig. <3=4; Waters and Water Courses, Cent. Dig. §§ 287, 288; Dec. Dig. <S=188J</p> <p>®c»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>