Skip to main content

Search the Special Collections and Archives Portal

upr000153 107

Image

File
Download upr000153-107.tif (image/tiff; 23.24 MB)

Information

Digital ID

upr000153-107
    Details

    Rights

    This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.

    Digital Provenance

    Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

    Publisher

    University of Nevada, Las Vegas. Libraries

    V Los Angeles - September 2, 1948 MEMORANDUM FOR MR. BENNETT: Query; Can the Las Vegas Land and Water Company be compelled to extend its facilities to serve water to customers at points beyond the limits of the City of Las Vegas? Assuming that it does so voluntarily for the limited purpose of affording fire protection to such customers, could the Company be compelled at some future date to furnish water for purposes in addition to fire protection? Scope of research; Patently, the answer depends upon the case and statutory law "of Nevada, and search has been made through Corpus Juris, American Jurisprudence, the National Re­porter System Digests and citations to the Nevada Compiled Laws. I have been unable to find a Nevada case which throws light upon the problem. American Jurisprudence has been selected as a guiding text and reference is made to cases discussing the general law in the belief that such expressions represent th<b logical view and accepted rules applicable under the circumstances. Corporate and franchise background; As will herein­after appear, much depends upon the corporate and franchise back­ground of the Land and Water Company. I find that the Company was founded primarily for the development of a townsite at Las Vegas and that its water service was subordinate to that princi­pal function. By its original Articles of Incorporation, the Company declared one of its objects and purposes to be ”to own, operate, manage, control and sell water, water rights, and water systems for municipal, agricultural * household and other purposes in the State of Nevada”. In 1917} consideration was given the questiorT'wEetHer fE“would be desirable to amend the Articles of Incorporation to permit the Company to hold land, water and other property outside the State of Nevada. As a result, in that year the Articles of Incorporation were amended by substituting for the phrase ”in the State of Nevada” a phrase reading ”at any place or places within or without the State of Nevada”. From the foregoing, it appears that there was nothing in the corporate organization of the Company which was designed to limit its operations to the City of Las Vegas.