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TOWNS Continued:

consent of as prerequisite to use of streets, etc..

consent of to use streets when a franchise.

classed as political corporations; nature of.

as quasi-public or quasi-municipal corporations.

as public corporations. .

delegation of taxing power to incorporated; when excludes levee

district...

power to grant ferry franchise.

delegation of power to; regulation of water rates.

844

848

$ 55

§ 56

§ 61

§ 164

§ 195

§195

See Selectmen; Trustees of Towns.

TOWNSHIPS,

as quasi-public or quasi-municipal corporations.
consent of..

§ 56
$380

TOWN TRUSTEES,

resolution authorizing riparian proprietor to make roadway and
erect bridge confers franchise.

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or commerce; railroad carriers' business as part of.....

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of passengers and property; within Public Utilities Act..

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consent of local authorities to occupy streets and highways...

§ 187

TRANSPORTATION CORPORATIONS,

additional franchise tax.

§ 427

TRUST COMPANIES,

franchise tax..

8437

TRUSTEES,

corporators of private corporations are in one sense. ... note, § 55
company incorporated as trustees of fund to invest it and give
income to public schools is private corporation.

§ 115

of corporation; state court decisions as to acts of, although not
in final judgment; effect of in Federal court.

§ 280

See Town Trustees; Trustees of Towns; Board of Gas Trustees;
Village Trustees.

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of railroad under navigable waters; municipal power to order it

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grant of franchises to by board of supervisors; effect of grant.

§ 199

strict construction of grant against grantee. .. ..

§ 255

city no right to regulate and grade street so as to injure company
See Plank Road Company; Rate Regulation.

§ 345

TURNPIKES,

tolls for and rates for railroads; distinction.

right to collect tolls is franchise.

how classed; nature of. . . . . .

exclusive grants for are grants of franchises of public character

as public highways.

817

17

$55

note, § 63

§ 117, note, § 63

TURNPIKE ROADS. See Plank Roads.

U.

ULTRA VIRES LEASE,

ratification; estoppel; equity; validating statutes.

UNDERGROUND TUNNEL RAILROAD,

8473

UNINCORPORATED VOLUNTARY ASSOCIATION,
membership in as franchise.

UNION PACIFIC RAILROAD,
Federal franchises. ...

UNITED STATES SECURITIES,

tax on banks which includes.

UNIVERSITY,

state university is public corporation. ...
See Colleges.

USAGE,

long continued; construction of constitutions.
of government; construction of constitutions.

8 11

$ 129

§ 443

8 73

8 219

note, § 219

V.

VALUATION,

franchise tax; basis of computation, deductions.
method of. See Rate Regulation; Taxation.

88 446-451

VALUE,

of franchise in itself; depends on profit to be made.
franchise only of value in connection with its use.
franchise or bare right to do a thing is of itself of no value.. note,
See Rate Regulation.

§ 12

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under judicial sale of franchises; rights and obligations of..

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incorporated, as distinct from counties, towns, etc..

$56

certificate of authority as prerequisite for lighting system.
extent of power of courts to inquire into validity of lighting con-
tract....

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grant of franchise to waterworks company; contract for hydrant
rentals; subsequent incorporation as city; liability..
delegation of powers to, as to water companies; partial invalidity
of statute... ..

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WAIVER,

surrender of legislative powers, or police powers..

or correction of defect or irregularity; validating statutes.
condition or agreement that foreign corporation shall not remove

suit into Federal courts.

$138

§ 288

§355

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public warehouses are what, as embracing all warehouses, ele-
vators and granaries....

note, § 14

for grain; police power to regulate; Fourteenth Amendment. ... § 295
and their charges; regulation of..

note, § 114

§ 391

WATER,

right to supply is franchise....

right to furnish, when exclusive..

statute as to supplying water, gas, etc., when does not include
electric lighting....

$16

823

note, § 24

use of for irrigation a public use..

§ 88

city's power to contract for water supply..

consent of city to exercise of franchise..

WATER COMPANIES,

right to supply water, when not strictly a "corporate franchise."
may be compelled to furnish water at reasonable rates.

delegation of power to village as to; partial invalidity of statute. § 235
water supplied city under contract; taxation to pay same; general

and specific words, etc.; statutory construction.

strict construction of grant against grantee..

rates of, a charge upon land; due process of law...

§ 44

§ 173

§ 187

§ 187

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regulation of rates; obligation of contracts; due process of law;

equal protection of laws..

as public utilities....

See Alienation; Rate Regulation; Regulation and Control; Taxa-

WATER RATES,

tion; Waterworks Company.

for use of as a franchise.

$9

WATERS,

control of Congress over navigable waters within a State; bridges. § 145
piers erected without authority in; unlawful structure; owner's

liability..

§ 146

obstruction to navigable; bridges; delegation of power as to, to

Secretary of War. ....

§ 152

river between two States or counties; grant of ferry franchise;

jurisdiction of courts. .. .. .. ..

§ 178

railroad tunnel under; power of city over..

§ 298

Mill Act giving damages for overflowed lands; constitutionality
of law.....

§ 298

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special law authorizing city to issue bonds for; not a grant of
"corporate powers or privileges". . . . . .

note,

§ 31

water pumped and stored without city is only a means of exercis-
ing franchise as distinguished from franchise itself . . . . . . . . . . .
right to use streets for system of; when a license and not franchise.
grant by ordinance to, when a franchise.

$40

§ 47

848

franchise to construct conferred by direct or delegated legislative

power

§ 118

franchise; power to grant may be granted.

§ 148

exclusive grant of franchise by city; partial invalidity of enact-
ment. . . .

§ 235

partial invalidity of statute effecting change in system.
franchise; attempted validation of void part of, by statute.
franchise; duration of term of; ordinance partially invalid.
taxation; sufficiency of title of statute.

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plant; construction of by city; taking property of corporation;
due process of law....

See Commissioner of Waterworks; Irrigation Companies.

WATERWORKS COMPANIES,

secondary franchise of; defined......

right to exist and collect water rates is franchise.

as public or quasi-public in nature..

cannot discriminate... .. .

consent of local authorities to use streets..

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