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EL PASO WATER COMPANY v. EL PASO

No. 238.

152 U.S. 157 (1894)

14 S.Ct. 494

38 L.Ed. 396

EL PASO WATER COMPANY, v. EL PASO.

Supreme Court of United States.

Decided March 5, 1894.

Attorney(s) appearing for the Case

Mr. Walter D. Davidge and Mr. Leigh Clark for the motion.

Mr. William Thompson and Mr. Maurice McKeag opposing.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

Probably the Circuit Court sustained the demurrer on the ground that under the constitution of the State of Texas, adopted in 1876, the attempt to grant exclusive rights in these matters was beyond the power of the city, and that, among other matters, is discussed at length by counsel in their respective briefs. That constitution (article 1, section 26) provides that "perpetuities and...

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