Page:Harvard Law Review Volume 5.djvu/50

34 HARVARD LAW REVIEW. right of the town to supply water to its inhabitants by means of individual wells to be dug in individual back-yards has never been asserted. Upon the other hand, if in the progress of the arts it ever becomes necessary for food to be supplied to the householders through pipes, there can be no doubt that towns will be permitted to pipe their streets for the purpose. " In general, it may be said that matters which concern the welfare and con- venience of all the inhabitants of a city or town, and cannot be suc- cessfully dealt with without the aid of powers derived from the Legislature, may be subjected to municipal control when the bene- fits received are such that each inhabitant needs them and may participate in them, and it is the interest of each inhabitant that others as well as himself should possess and enjoy them." 1 In view of the Opinion itself, from which this passage is quoted, it can hardly be contended that the qualifications last stated are in every case essential. It cannot be said that each inhabitant, at present, needs the electric light for his own house, or that he is interested in having it for his neighbor's house, except as he is interested in having his neighbor, if he happens to be hospitable, well supplied with wines and cigars. Without these qualifications the rule is sufficiently flexible to enable the State at all times to protect its towns and cities against the exactions of private mo- nopoly, while, on the other hand, public bakeries and dry-goods stores, under existing conditions, at any rate, are fairly barred. Jabez Fox. 1 Opinion' of the Justices, 150 Mass. 597.