45 Minn. 210 | Minn. | 1891
The defendant is a corporation organized under the general laws of this state. The general nature of its business, as set forth in the articles of incorporation, is “to contract to furnish and supply the village of Duluth, Minnesota, and the inhabitants of said village and vicinity, with gas and water, and to build, construct,
It is conceded that the words “and vicinity,”, in the articles of incorporation, include the city of Superior, though in another state,
The proposition that the act did not authorize a contract with reference to any other supply of water than that required by plaintiff and its inhabitants is true. Under the act the council of plaintiff had no power to contract for a supply of water to the city of Superior, or to any other community out' of the corporate limits of the village or city of Duluth; and the council did not attempt to do so; it is not claimed that it did. An attempt to do so would present a very different question from that presented by a contract between the council and a corporation organized and with power to furnish water, not merely to Duluth, but also to places out of Duluth and in its vicinity, through the same system of pumps, reservoirs, and main pipes by which the corporation should agree to supply Duluth with water through the mains it employed in supplying other places, and by which the council gave it leave (in order to secure a supply to Duluth) to lay those pipes in its streets. The act contains no warrant for a contract by the council to supply other places, or make’ any provision for supplying other places; but we think it would be a very narrow interpretation of the act that would limit the power of the council to contracts with a corporation whose sole purpose was to supply water to Duluth, or that would exclude its power to contract for a supply to Duluth, with a corporation organized for the purpose of supplying other places as well as Duluth, or its power to contract for a supply to Duluth through the same mains used for supplying other places. While the council could not contract that the defendant should supply any other place through the mains laid to supply Duluth, (or by any other means,) we do not think it an objection to the exercise of
Does the contract leave the defendant the right to use its mains and pipes, laid in the streets pursuant to it, to supply other places, or must those mains and pipes be used by it exclusively for a supply to Duluth and its inhabitants? There is no language in the ordinance excluding the supply of other places through those mains. The council must be held, when dealing with defendant, to have known its character, its purposes, and powers, as disclosed by its articles of incorporation; that it was organized for the purpose and with power “to build, construct, erect, maintain, own, and operate works to furnish and distribute water to said village and the inhabitants of said village and vicinity;’1 and that it- had the power, unless limited otherwise than by its articles, to furnish and distribute the water to all contemplated by its articles, through the same general system of pumps, reservoirs, mains, and pipes, instead of having a separate system for each municipal community. And when contracting that the source of supply should be a point on the lake east of Duluth, from which probably the most feasible, perhaps the only, means of supplying places lying west of Duluth would be through the general system of mains laid from the pumps and reservoirs westward to and through Duluth, it may fairly be presumed to have intended that Duluth should be supplied through and by means of the-general system of mains extended in that direction for all the purposes of the defendant; in other words, that the mains laid through the streets for the supply of Duluth might be a part of the means employed by the defendant to supply not only Duluth, but other places west of it, within the general power and purposes of
Judgment reversed.