New-York tribune., 1878-10-16
TRACKS ~ CITY STGEETS.
DECISION BY THE UNITED STATES sUrREN
COURT.

A DECISION BY THE UNITED STATES surREME
COURT
WASHINGTON, Oct. 15.-The following is
the substance Of the decision OF the United STATES
supreme Court regard To the use Of street" for ra'
road tracks, IN case No. l5O-the Richmond, Fred
ericksburg and Potomac Railroad Company agt the
City OF Richmond:
The question this was the right OF the road TO
ur0peI cars by steam within certain city limits the
ordinances OF the corporation forbiddlng H. Inc
futthcr facts sufficiently appear IN TIE opinion OF the
On the % of January 1874. this action vas begun to
the penalty incurred under that ordinance for
running locomotive propelled by steam IL % ,ne b I,dtet &
fence relied upon that the ordnance was unconsti
tutional aud void. because:
tancd In the charter ot tue company. which, rs was
claimed granted to The company the right % proPoi It's
cars 9y steam, l AZ Tv % compny f ts ~ without
dne process of law aud third It denied tAc company
the cIuaI protection of the laws.
This defence having been oycrrulcd and Judgment
given against the company by the Police JI,to" thc
was taken by writ OF rori hiat 10 lhr Cll,ut
Court of the city aud second the suprem" Court of
Appeals Of the state IN 6oIh OF whicl courts me nds
n.rnt below affirmed Th' Judgment oI the Court
Of pen- :. now here & r2r rev sw nnGf Sscmoa I1y @ "t
questions that were relied upon IN utchte nrlON
l, Docs the municipal legislation complllned OF IN.
pair vested rights obthc company under lts charter
The right j. granted tr coIpHuN lo cVnsIuct roHu
from point within the cjrioatom OF Richmond,
de- red 10 pass through Boadt and FOR the present To
terminate the road upon the lois purchased for shops
orRtUu. This the city willing 70 do upon condition
thai IL should be Hsdccd thereby parting with
any power chartered privilege not necessary TO The
company for constructing It's road or connecting II with
the depot There terms were PROPOSED to the COMPANY
all tine powers necessary Tor inc kood ordering anu
goyerAment" of persons ana property within It's
Jurisdiction. by the conditions imposed these powers
were all reserved except % the extent Of per
",,tting thc company 10 construct ils road upon
Inc rode designated and connect II with the depot
over The road when coustru:tcd and over he company
| Ina ppEi .
many thcI eIura occupied Iuad-s upon the same terms
rnJ cord lions il would tue charter had located tho
T.r - OF the rold wi the city, but IN terms sub
ire,,d the company 20 ne government OF the clS III re-
spect to tho Of the road when constructed Nothing
has be on done change the rights OF the lrtieS
II remains only conside, whether TIE ordnance com
planned OF Is I'gll.Hmle exercise " @ tno
plw,r Of city government IT oelta MY comes
within the cAItess authority c3hiCLifu oy oiiG iie
amendment 10 the CITY charter huOpeu III lo,O
and that In Oipn on Is no more than existed Dy
Implication before. The power to govern implies
the power O.n qua establish suitable police rsGu
"'i6ns anl tha It las ten been decided authorizes
unicpll corporations TO p.ohlbit the use OF locomo
tycs tue publ ecs when such action uDcs H9t IN
tcrierc w,D vested rshts iDuunaher dgt. tIe state
sur aud Mar, G6l y by son ast ihet ny OF @ FrAi H.
MAXIM SIC Hcre ho W alieUm non taedas' whiehlle az
the ouu atJn OF the police power We cOhelude' theTe
t"r TINT the ord uance does not Impair any vested
night conferred upon the company by ~ charter ,,
1 Does Il deprive tue company 0I It's properly WIFE
ou due process OF lava Ths question IL substantially
disposed ui 10y what bg5 already beeh sau Appopt,
atn regulation of the use Of property Ia not " taxing
RRlEEtoi. RRISEG5iy "''u'" 'H' '"''l''' ' .,
g. Does 10 deny me COupduJ lhe t'lhbi
,, ioVs Tbis ordnance while apparently limited In
lis opcrnon is effect general applies to all VINO
80, 10 vybat il prohibited. Other railroad companies
% orcuny other streets ana locomotives there, but
ther strtets may rot bo situated like BrOaist neither
NAV there the reasons why steam transportation
hoid Inc excluded from them. All laws should be gen.
prai IN their operation, but all places within the same
CITY do not necessarily require the same local reSua
an Whle locomotives may with very great prOprlety
Lc Ycudca from street, even from one part OF
sreet ~ would sometimes unreasonable 10 exclude
them from ALL II Is the special duty OF the city author
lies 10 make the necessary determinations IN this par
Al rIned The Chief Justice delivered the opinion,
Mr. Justice Strong dissenting.