Parkhurst v. Capital City Ry. Co.

Citations

• 23 Or. 471
• 32 P. 304
• 1893 Ore. LEXIS 48

Syllabus

<p>Legislative Power to Grant Exclusive Privilege. — The legislature lias the power, subject to constitutional limitations, to grant exclusive privileges or franchises, and it may delegate to municipal corporations the power to grant exclusive franchises in purely municipal matters, but the power in the municipal corporation to make such a contract must be free from doubt.</p> <p>Municipal Corporations — General Powers.— A general grant of power to a municipal corporation carries with it all such powers as are clearly necessary for the convenient and proper exercise of the authority that is expressly given, but a general grant will not authorize the bestowing of exclusive privileges.</p> <p>Municipal Powers — Monopoly.— It is settled that'a municipal corporation cannot create a monopoly by granting exclusive privileges to persons or corporations without express legislative authority so to do, and this power must be plainly conferred in express words, or by implication so direct as to amount to the same thing. Mewport v. Light Co. 84 Ky. 167, and Bes Moines By. Co. v. City of Bes Moines, 73 Iowa, 513 ( 35 N. W. Rep. 602), disapproved.</p> <p>Idem.— A general grant to a city “ of exclusive power to permit, allow and regulate the laying down of tracks for street cars, upon such terms and conditions as the council may prescribe,” does not empower it to grant for a term of years an exclusive franchise to occupy its streets with street railways.</p>