Wheat v. City Council of Alexandria

Citations

• 88 Va. 742
• 14 S.E. 672
• 1892 Va. LEXIS 27

Syllabus

<p>1. Fkanciiises—Streets—Pipes.—The right to dig up streets for the purpose of laying water or gas-pipes is a franchise which can only be granted by the legislature or by the city under legislative authority.</p> <p>2. Idem—Charter—Ordinance—Case at bar.—The legislature, in 1850, chartered a company to open streets, &c., in a city to lay water-pipes, provided they be, as soon as practicable, repaired by the company at its own expense, subject to the approval of the superintendent of police or the council. That council, in 1889, ordained that no person should open the streets, &c., without previous permission from the mayor, and depositing with the city treasurer such a sum as the committee on streets should deem sufficient to repair the street, under a penalty.</p> <p>Held:</p> <p>The ordinance was ultr.a vires.</p>