Supreme Court of the United States December 5, 1904, 27 (Helena Water Works Co. v. Helena)

Mr. Justice Day,

after making the foregoing statement, delivered the opinion of the court.

As the ordinance under consideration contains no express

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stipulation that the city shall not build a plant of its own to supply water for public and private purposes, and the grant is expressly declared not to be exclusive of the right to contract with another company, this case, unless it can be