Henry Billings Brown

“ Even if construed as a contract, it was still subject to the provision of the Constitution of 1876, which, in § 17 of the Bill of Rights, declared that no irrevocable or uncontrollable grant of special privileges or immunities should be made; but that all privileges granted by the legislature or created under its authority shall be subject to the control thereof. ”

“ We have repeatedly held that where a railway was originally chartered before a new constitution took effect (and hence such charter was not limited thereby) , yet, if such road be subsequently consolidated with other roads, or accepts new privileges, after a new constitution takes effect, all contracts, privileges, and franchises conferred after the adoption of such constitution are subject to its provisions. ”

“ It is insisted by the plaintiff in error that, under article 10, § 7, of the state Constitution, above quoted, the power to grant to street railways the property rights and franchises to construct and operate a street railway within a city is withdrawn from the legislature, and conferred, if not by express words, then by necessary implication, upon the municipal authorities. ”