William R. Day

“ In considering this contract we are to remember the well-established rule in this court which requires grants of franchises and special privileges to be most strongly construed in favor of the public, and that, where the privilege claimed is doubtful, nothing is to be taken by mere implication as against public rights. This rule has been applied to a series of contracts in waterworks and lighting cases, and we have no disposition to detract from its force and effect. ”

“ The City Waterworks & Light Company then filed its original bill in the nature of a supplemental bill, on May 5, 1904, after the city had denied that it had any interest in the suit. On May 13, 1904, it filed a motion asking leave to withdraw its petition and bill from the files, which motion was granted by the court, and the motion of the Vicksburg Waterworks Company to withdraw from the files its written consent to the filing of the bill was also sustained, and the court granted the withdrawal of the petition, bill, exhibits, and written consent. ”

“ But we are cited to an act of the legislature of Mississippi, approved March 7, 1882 (Laws of 1882, p. 50) , which, upon its face, is broad enough to authorize such corporations to borrow money and secure the payment of the same by mortgage or deed of trust upon their property and franchises, and we think the mortgage in question would include the contract rights of the Vicksburg Water Supply Company, and that they would pass by the sale and subsequent quitclaim deed to the Vicksburg Waterworks Company. ”

“ Where a company is authorized to mortgage its franchises and rights, these may be sold and the purchaser acquire title thereto at the foreclosure sale, although the corporate right to exist may not be sold. ”

“ It is difficult to conceive of words more apt to express the purpose that the company shall have the undivided occupancy of the field so far as the other contracting party is concerned.
The term 'exclusive' is so plain that little additional light can be gained by resort to the lexicons. ”

“ The company complaining that this sewer entered into the source of supply above the intake of the waterworks, the court, by a mandatory injunction, required the city of Vicksburg to extend the sewer and construct an outlet therefor, so as to discharge sewage into the Yazoo or Mississippi river, below the intake of the complainant, provided, if the city was unable to construct such sewer within twelve months from date, application might be made to the court for an extension of time. ”