Joseph McKenna

“ To refer the right to occupy the streets of any town or city to the consent of its local government was natural enough,-would have been natural under any constitution not prohibiting it,-and the power to prescribe the terms and regulations of the occupation derives very little, if any, breadth from the expression of it. ”

“ Surely, there is not so strong a probability of an intention of granting so extreme a power that one contrary to it cannot be supposed, which is Lord Hardwicke's test, or that it is indispensable to the purpose for which the power is given, or necessarily to be implied from it, which is the test of the cases. ”

“ Easements in the public streets for a limited time are different, and have different consequences, from those given in perpetuity. Those reserved from monopoly are different, and have different consequences, from those fixed in monopoly. Consequently those given in perpetuity and in monopoly must have, for their authority, explicit permission, or, if inferred from other powers, it is not enough that the authority is convenient to them, but it must be indispensable to them. ”