19 Colo. 236 | Colo. | 1893
delivered the opinion of the court.
The prayer for relief generally indicates- the nature of a bill in chancery. The pleadings in this action are too voluminous to be set forth at length in this opinion; they extend through 90 pages of the printed abstract; but the prayer of the complaint and a paragraph from the brief of counsel for the Water Company sufficiently show the gravamen of the complaint. See foregoing statement.
It is a general principle in the governmental system of this country that the judicial department has nó direct control over the legislative department. Each department of the state government is independent within its appropriate sphere. Legislative action by the general assembly cannot be coerced or restrained by judicial process. As was said in another case by this court, “ the legislature cannot be thus compelled to pass an act, even • though the constitution expressly commands it; nor restrained from passing an act, even though the constitution expressly forbids it.”
The same principle with perhaps some exceptions, or seeming exceptions, extends to the local legislative bodies of
Were defendants acting or proposing to act in a matter within the scope of their authority and requiring the exercise of their legislative discretion, when they were enjoined in this action? When this action was commenced, the town of Highlands was a duly incorporated town under the general laws of this state. The defendant Lewis, as mayor, and the other defendants, Breon, Harvey, Shaw, Lee, Jackson and
From what has already been said, it is apparent that the granting of the injunction in this case was an improper exercise of judicial power. It interfered with the legislative discretion of the board of trustees of the town of Highlands. The injunction restrained the board from acting in its legislative capacity upon a matter clearly within the scope of the powers confided to it by the general laws of the state. The board was clothed with authority to pass ordinances in respect to the construction and operation of waterworks in said town. Whether the proposed ordinance granting to the Citizens Water Company the right to construct and operate such works would have been valid, or whether it would have been void by reason of its being in violation of an existing contract between the plaintiff company and said town of Highlands, is immaterial in this action. The passage of the proposed ordinance being within the scope of the legislative power conferred upon the mayor and trustees, the granting of the injunction was an erroneous interference with their legislative functions. As was said by Mr. Justice Field in Alpers v. San Francisco, supra: “ Municipal corporations are instrumentalities of the state for the more convenient administration of- local affairs, and for that purpose are invested with
There seems to be some diversity of opinion upon this subject ; or, as we have intimated, there may be e-xceptions to the doctrine of non-interference. For example: If it should be made to appear that the legislative body of a municipality was about to pass some ordinance, resolution or order, and that its mere passage would immediately occasion, or be immediately followed by, some irreparable loss or injury beyond the power of redress by subsequent judicial proceedings, a court of equity might perhaps extend its strong arm to prevent such loss or injury. This view was indicated by judges Sawyer and Hoffman in Spring Valley Water Co. v. Bartlett, Mayor, 16 Fed. Rep. 615. So in Davis v. The Mayor of New York, 1 Duer’s Reps. 498, Mr. Justice Duer, speaking upon this subject, said: “ A court of equity will not interfere to control the exercise of a discretionary power, when the dis- • cretionis legally and honestly exercised — and it has no reason to believe the fact is otherwise — but will interfere, whenever it has grounds for believing that its interference is necessary to prevent abuse, injustice, or oppression, the violation of a trust, or the consummation of a fraud. It will interfere—
It is an exceedingly delicate matter for the courts to interfere by injunction with the action, or contemplated action, of a legislative body in any case; and such interference cannot be justified except perhaps in extreme cases and under extraordinary circumstances. Fo ground for such interference is presented in the present case; and as the members of the municipal board are the only defendants, no relief can be granted in this action. Entertaining these views, it would be manifestly inconsistent as well as improper to intimate any opinion as to the validity of plaintiff’s claim to the exclusive right to construct and operate water-works for supplying the town of Highlands and its inhabitants with water. The judgment of the district court is reversed, and the cause remanded with directions to dismiss the action.
Reversed.