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Los Angeles v. Los Angeles Gas & Elec. Corp., 251 U.S. 32 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Los Angeles v. Los Angeles Gas & Elec. Corp., 251 U.S. 32 (1919)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 251 U.S. 27, click here.
Los Angeles v. Los Angeles Gas & Electric Corporation No. 50 Argued October 23, 1919 Decided December 8, 1919 251 U.S. 32
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
Syllabus
A distinction is to be drawn between the powers of a city, when acting in its governmental capacity -- i.e., the police powers -- and those which belong to it in its proprietary or quasi-private capacity. P. 38.
Merely for the sake of establishing a lighting system of its own, a city has no right to displace or remove without compensation the fixtures of a lighting company already occupying the streets in virtue of rights guaranteed by its franchise. P. 37.
Declarations in an ordinance to the effect that speedy establishment of a municipal lighting system, and therein the removal or relocation of poles and other fixtures maintained in the streets by the owners of other lighting systems, are necessary for the public peace, health, and safety, do not suffice to convert such acts of interference into a legitimate exercise of police power. Pp. 34, 38.
A franchise to use the streets for supplying a city and it inhabitants with electric light, acquired under the California Constitution, Art. XI, § 19, before the amendment of 1911, conveys contract rights which the city is not at liberty to destroy, and the property employed in their exercise cannot be taken by the city without due process of law -- the payment of compensation. P. 39. Russell v. Sebastian, 233 U.S. 195.
241 F. 912 affirmed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Los Angeles v. Los Angeles Gas & Elec. Corp., 251 U.S. 32 (1919) in 251 U.S. 32 251 U.S. 33. Original Sources, accessed May 7, 2025, http://www.originalsources.com/Document.aspx?DocID=STWJS6GKGIRV4DK.
MLA: U.S. Supreme Court. "Syllabus." Los Angeles v. Los Angeles Gas & Elec. Corp., 251 U.S. 32 (1919), in 251 U.S. 32, page 251 U.S. 33. Original Sources. 7 May. 2025. http://www.originalsources.com/Document.aspx?DocID=STWJS6GKGIRV4DK.
Harvard: U.S. Supreme Court, 'Syllabus' in Los Angeles v. Los Angeles Gas & Elec. Corp., 251 U.S. 32 (1919). cited in 1919, 251 U.S. 32, pp.251 U.S. 33. Original Sources, retrieved 7 May 2025, from http://www.originalsources.com/Document.aspx?DocID=STWJS6GKGIRV4DK.
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