114 A. 185 | R.I. | 1921
The proceeding in each of these causes is by a bill in equity, which was brought in the Superior Court to restrain the City of Providence, its agents and servants, from taking possession of or interfering with the property of the complainants. The constitutionality of an act of the General Assembly having been brought in question by the pleadings and upon the record, the three causes were then certified to this court for the determination of the constitutional questions, in accordance with the provision of Chapter 298, Sec. 1, Gen. Laws.
The statute in question is Chapter 1278 of the Public Laws, which is entitled, "An Act to furnish the City of Providence with a Supply of Pure Water." The claim is that the statute is unconstitutional in that it violates the provisions of Articles V and XIV of the Amendments of the Constitution of the United States.
In Joslin Mfg. Co. v. Clarke,
In the present proceedings it is not now claimed that the act is in violation of any provision of the State constitution, but the claim is that the act is in violation of Article V and Article XIV of the Amendments of the federal constitution. The only new question thus raised is, Is the act in violation of the provisions of Article V of the Amendments of the Constitution of the United States? The first ten amendments to the federal constitution are restrictions on the powers of the federal government and not upon the powers of the State governments.State v. Paul,
Our decision is that said Chapter 1278 is not in violation of either Article V or Article XIV of the Amendments of the Constitution of the United States.
The papers in these causes with our decision certified thereon are ordered to be sent back to the Superior Court for further proceedings.