Henry Billings Brown

“ Courts have no power to make new contracts or to impose new terms upon parties to contracts without their consent. Their powers are exhausted in fixing the rights of parties to contracts already existing. But, conceding that the decision of the supreme court amounted simply to an interpretation of an existing contract, by which the company agreed to furnish the city with water in consideration of the amount of its taxes, yet the contract was, for the reasons already stated, so far as the city was concerned, subject to the will of the legislature. ”

“ While there is in the amended and supplemental answer of the city a formal averment that the ordinance No. 909 impaired the obligation of a contract arising out of the act of 1877, which entitled the city to a supply of water free of charge, the bare averment of a federal question is not in all cases sufficient. It must not be wholly without foundation. There must be at least color of ground for such averment, otherwise a federal question might be set up in almost any case, and the jurisdiction of this court invoked simply for the purpose of delay. ”

“ The court further held that there was no proof in the record of any fraud or undue advantage obtained by the water-works company over the city, and that, independent of any statutory provision subsequently enacted, authorizing the city to contract for its water supply (alluding to the act of 1884,) it had full and plenary power to do so under the provisions of its charter. The court also held that the act of 1884, and the ordinance, and the contract made in pursuance of it, violated no provision of the state constitution, and were valid. ”