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OWENSBORO v. OWENSBORO WATERWORKS CO.

No. 58.

191 U.S. 358 (1903)

OWENSBORO v. OWENSBORO WATERWORKS CO.

Supreme Court of United States.

Decided November 30, 1903.

Attorney(s) appearing for the Case

Mr. George W. Jolly for appellant.

Mr. William T. Ellis and Mr. Robert W. Bingham for appellee. Mr. W.W. Davis was on the brief.

MR. JUSTICE McKENNA, after stating the case, delivered the opinion of the court.

By the act of the general assembly of Kentucky, approved June 14, 1893, the appellant was made a city of the third class, and was given, as a city of that class, the following powers expressed in section 3290: "The common council of said city shall, within the limitations of the constitution of the State and this act, have power by ordinance; . . . 5th, to provide

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