State ex rel. Marshall v. Wyandotte County Gas Co.

Citations

• 88 Kan. 165
• 127 P. 639
• 1912 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Public Utility”—Definition. The term “public utility,” wherever used in the public utilities act (Laws 1911, ch. 238), means “every corporation, company, individual, association of persons, their trustees, lessees or receivers” that may own, control or manage, except for private use, any equipment, plant, generating machinery or any part thereof in operation of the business enterprises specified in section 3 of that act; and the term, as used in the act, nowhere means the physical equipment, plant or machinery used in conducting any such business.</p> <p>2. Public Utilities Commission—Scope of Jurisdiction. The Public Utilities Commission for the state of Kansas has full power, authority and jurisdiction to supervise and control all public utilities described in section 3 of the act, with the exceptions therein specified, and a public utility which owns or operates a separate equipment, plant or machinery for any of the specified purposes in two or more cities is not within such exceptions.</p> <p>3. Cities—Power to Contract for Rates for Gas. The power to contract for rates for the furnishing of water, light, heat or power to a city or its inhabitants is a sovereign, governmental power which is vested in the lawmaking power of the state. The power may be delegated to the mayor and council of a city but is not to be inferred from mere convenience, but must be specifically granted or be absolutely essential to the exercise of other powers expressly conferred upon such mayor and council.</p>