The case of New Orleans Gas Light Company v. Drainage Commission of New Orleans in 1904 revolved around the issue of whether a municipal corporation could compel a gas company to relocate its pipes at its own expense for public improvement projects, such as drainage systems. The Supreme Court ruled in favor of the Drainage Commission, stating that it was within their rights to require the gas company to bear the cost and responsibility for moving their infrastructure if it interfered with necessary public works. This decision upheld an earlier ruling by Louisiana's state court and established precedent regarding conflicts between private utility companies and public infrastructure needs.

In the dissenting opinion for New Orleans Gas Light Company v. Drainage Commission of New Orleans, Justice Brewer argued that the majority's decision was a violation of contractual obligations and property rights. He contended that when the city granted a franchise to the gas company, it created an inviolable contract which could not be unilaterally altered by subsequent legislation or municipal action without compensation. The drainage commission's requirement for relocation of pipes at company expense constituted such an alteration and thus violated this principle. Furthermore, he asserted that these pipes were private property; their forcible removal without just compensation infringed upon constitutional protections against seizure under eminent domain law. In sum, Justice Brewer believed both contract and property rights had been unjustly compromised in favor of public utility.