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upr000160 184

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upr000160-184
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    Mr* W* R* Rouse II* April 2, 1952 functions are strictly governmental in character or pro­prietary in character* In 51 Am, Juris, at page 413 the rule is stated as f o llo w s : "It is well settled that money may be raised by taxation in order to enable the state or a subdivision thereof to furnish to Its inhabitants one of the necessities and conveniences of life where the enter­prise is of such a character that it can , not be undertaken by private individuals without the aid of a franchise from the state, the exercise of the power of emi­nent domain, or the use of the public streets as a location for permanent struc­tures, Thus, the furnishing of water to the inhabitants of a city for domestic use, which ordinarily requires the exercise of . eminent domain to secure a sufficient sup­ply of water and to provide a location for aqueducts, and the use of the public streets to lay pipes for distribution, is clearly a public purpose, although a waterworks system could not be established at the public ex­pense solely or principally for the purpose of supplying a few large factories with wa­ter *" There are many cases collected in Volume 35 of "Word* and Phrases" under the heading "Public Purposes" indlOat—• ing that it is constitutionally, valid to raise money by taxation and to appropriate it for the purpose of engaging in proprietary operations. The following are some of the cases which are typical of the eases announcing this rule: K McLaughlin v. Housing Authority of the City of Las Vegas {Nevada, {2dj 206| noising that the p1r9o51v)i»s io22n7 oPfa ch*ous­ing by the Housing Authority of the City of Las Vegas was for a public purpose* Gallardo v. Puerto Rico K, 3U & P, Co,, 13 Fed, (2d) 91#, holding the conservation of water resources for domestic use, irrigation, etc*, under the Water Power Act of Puerto Rico was for a public purpose Justifying the levy­ing of a tax therefor.