44 Conn. 105 | Conn. | 1876
The legislature chartered the New Haven Water Company in 1849, for the purpose of supplying the city witli water, and gave them power to open the ground in all streets, avenues and highways therein for the purpose of laying and repairing water-pipes; providing that they should not injure any street or highway, but should leave them in as good and perfect condition as before such opening; also, that they might establish the prices or rents to be paid for the water. Upon this grant the company has invested a large sum of money in making reservoirs for holding, and laying pipes for distributing water.
In 1869 the legislature granted a revised charter to the city of New Haven, and therein authorized the court of common council of said city “to regulate or prohibit the excavating or opening of streets, highways and public grounds for public
The city insists that by the section quoted the legislature has clothed the common council with power absolutely to prohibit the laying of new and the reparation of old pipes by the water company; that is, to destroy or repeal the prior grant to them.
The grants to the company and to the city respectively were made at sessions of the legislature separated by years. . There is no necessary connection between them; they bear no natural relation to each other. The purpose of the grant to the company is beneficial to the public; the distribution of water promotes health and furnishes protection against fire. Presumably the legislature would protect rather than destroy the franchise. There is not in the city charter any expressed intention to abridge any of the privileges granted to the company; much less any intention to delegate to the court of common council the right to terminate them. The language of the section taken as a whole does not authorize the court to carry the power of inference so far as to say that, without notice, without mention of their name, without cause and without hearing, the legislature intended thus indirectly to incorporate in the city charter a repeal of that granted to the company. When the legislature has granted special privileges at different sessions to two independent corporations, the court will not find in any general expressions in the last grant a repeal or destruction of the first.
We advise the Superior Court to render judgment in favor of the water company.
In this opinion the other judges concurred.