The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 107
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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NORTH AMERICAN CONST. CO. V. 9i8 MOINES CITY RY. CO. 107
stitution itself, Lytle v. Halff & Bro., before cited; Ilarri. County v. Stew-
art, 91 Tex. 143 [41 8 W. 650].
'The doctrine rests upon a basis hich is opposed to the well-settled rule of
construction that a law which is passed by the Legislature of a state cannot
be set aside by thie courts because it is in conflict with the principles of natural
justice, nor becausor of its conflict with the spirit of the Constitution. Cooley,
Const. Lim. 205 That author says: 'Nor are the courts at liberty to declare
an act void because, in their opinion, it id opposed to a spirit supposed to
pervade the Constitution, but not expressed in words.'"
These expressions of the Supreme Court of Texas in the construc-
tion of the state Constitution are not only in themselves sound, but
are authoritative and binding on this court, and must control and de-
termine the disposition of this case.
There being, then, no express words in the constitutional limitation
invoked by the defendants conferring upon counties the power to
determine the question of manufacture, and no words which in their
reasonable Content will embrace or include such power, the argument
that the spirit of the Constitution is violated by the legislative act can
have no weight or force, and it must be held that, the Constitution
being silent on the subject, the Legislature has plenary power to pro-
hibit the manufacture of liquor, and that, having so done, the provisions
of the Reed Amendment are applicable.
The indictment, therefore, charges an offense, and the demurrers
must be overruled, which is accordingly now done.
NORTII AMERICAN CONST. CO. v. DES MOINES CITY RY. CO.
(District Court, S. D. Iowa, C. D. March 18, 1910)
1. FRANCHISES : T1--NATRE-"CONTRACT."
A franchise is a contract.
[Ed. Note--For other definitions, see Words and Phrases, First and
Second Series, Contract.]
2. CONTRACTS X143-PowER OF COURT.
A court cannot make a contract for individuals or corporations. nor
modify one made by them, but only construe It.
3. CARRIERS e==12(9)-FARES-REGULATION-FRANCIIISE.
The franchise of the Des Moines City Railway Company. being definite
as to rates for fares, without any provision as to change thereof, though
providing for payment by company, from fares collected, of cost of opera-
tion, taxes, 5 per cent. on bonded indebtedness. and 6 per cent, on other
indebtedness, and the setting aside of a depreciation fund, and also pro-
viding for "first-class" service, with persons, and, in case of their disagree-
ment, arbitration, to determine the service to be rendered, there can, in
case of insufficient income, be no increase of fares, but class of service
must yield.
In Equity. Suit by the North American Construction Company
against the Des Moines City Railway Company. On application of
receivers for construction of franchise. Opinion rendered.
Q4For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/121/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.