[Download] "Edward Minturn, Complainant and Appellant v. James B. Larue" by United States Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Edward Minturn, Complainant and Appellant v. James B. Larue
• Author : United States Supreme Court
• Release Date : January 01, 1859
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This is an appeal from a decree of the Circuit Court of the United States for the district of California. The bill was filed by the complainant in the court below to restrain the defendants from running a ferry between the city of San Francisco and the city of Oakland, on the opposite side of the bay, and which, it is claimed, is in violation of the exclusive privileges belonging to him under the authority of law. The authority, as set forth in the bill, is derived from the charter of the town (now city) of Oakland. The 3d section of the charter (passed May 4, 1852) provided that 'the board of trustees shall have power to make such by-laws and ordinances as they may deem proper and necessary;' among other things, 'to lay out, make, open, widen, regulate, and keep in repair, all streets, roads, bridges, ferries,' &c., 'wharves, docks, piers, slips,' &c.; 'and to authorize the construction of the same;' 'and with a view to facilitate the construction of wharves and other improvements, the lands lying within the limits aforesaid, (that is, of the corporation,) between high tide and ship channel, are hereby granted and released to said town.' It is admitted, if the authorities of the town of Oakland possessed the power under the charter to grant an exclusive right of ferries between that place and the city of San Francisco, the complainant has become vested with it. The question in the case, therefore, is, whether or not the power was conferred by this 3d section of the charter.

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