168 Ind. 82 | Ind. | 1907
Appellant brought this suit for an injunction, alleging, in substance, that appellee is a corporation organized under the laws of this State for the purpose of supplying appellant and its inhabitants with natural gas, and that, with the permission and consent of the common council of the city of Richmond, it laid mains and pipes in the streets and alleys of said city for that purpose; that the common council of said city on October 16, 1905, duly passed and adopted an ordinance, sections one and three of which read as follows:
“Section 1. Be it ordained by the common council of the city of Richmond, that it shall be unlawful for any person, company, or corporation using and occupying the streets, alleys, lanes, avenues, or other public grounds of said city of Richmond for the purpose of supplying the citizens of said city with natural gas, and for any officer, agent, or employe of such person, company, or corporation to charge, collect, demand or receive therefor from any consumer of natural gas within the said city more than thirty cents for each 1,000 cubic feet.
Section 3. This ordinance shall take effect from and after its passage and approval by the mayor, and publication once each week for two consecutive weeks in the Richmond Palladium, a newspaper of general circulation printed and published in said city of Richmond.”
The sufficiency of the complaint depends upon the validity of the ordinance passed and approved October 16, 1905.
In this case it appears that the attempted regulation of prices was not done by contract, or in connection with the granting or acceptance of a franchise, and the legislature
The judgment is affirmed.