City of Lawrence v. Town of Methuen
| Decision Date | 23 May 1896 |
| Citation | 44 N.E. 247,166 Mass. 206 |
| Parties | CITY OF LAWRENCE v. TOWN OF METHUEN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Suit by the city of Lawrence against the town of Methuen to restrain certain delivery of water. Bill dismissed.
Charles U. Bell, for plaintiff.
Storey & Thorndike, for defendant town of Methuen.
George O. Shattuck and Wm. A. Monroe, for Arlington Mills.
St.1872, c. 79, whereby the city of Lawrence was empowered to construct waterworks for the use of said city and its inhabitants, did not purport to compel the inhabitants of the city to take water from the city. They could still obtain the water they use in any other lawful manner. If the present information can be maintained either by the attorney general or by the city of Lawrence, it must be on the ground that the town of Methuen, in furnishing water to be used by the Arlington Mills in the manner set forth in the information, is exceeding its powers under St.1892, c. 310. If we assume that the city of Lawrence has any standing in court to maintain a bill in equity, or that the attorney general can bring an information in equity for the purpose of keeping the town of Methuen within the limits of its powers under this statute, we are of opinion that it does not appear in the present case that the town of Methuen has exceeded its powers. The town of Methuen has acquired “the franchises, corporate property, and all the rights and privileges” of the Methuen Water Company under St.1892, c. 310, § 9. Section 5 of the statute is as follows: “The said corporation may distribute the water through said town of Methuen; may regulate the use of said water and fix and collect the rates to be paid for the use of the same; and may make such contracts with the said town or with any fire district that is or may hereafter be established therein, or with any individual or corporation, to supply water for the extinguishing of fire or for any purposes, as may be agreed upon by said town or such fire district, individual or corporation, and said corporation; and may establish public fountains and hydrants, relocate and discontinue the same.” We assume that the individuals and the corporations with which the town may make contracts must be individuals or corporations owning property in the town, and that the town is not authorized to distribute water except within its limits. In the present case the water is delivered to the Arlington Mills, in the town of Methuen, and...
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