Joseph Rucker Lamar

“ But while the power to regulate does not authorize the city to prohibit the use of the tracks in hauling freight cars, it may legislate in the light of facts and conditions which would make restrictions reasonable and valid regulations. ”

“ Under the Oregon Code (5077, 5078) the power to designate the street on which railroad tracks could be located was equivalent to the power to consent to the use of that street. The city was not limited to merely naming the thoroughfare, or giving or refusing its consent. ”

“ The provisions relating to motive power, prohibiting the hauling of freight cars, and declaring a forfeiture for a violation of the ordinance, are so far separable that they do not necessarily stand or fall together, and therefore the regulation against the use of steam can be enforced without regard to the validity of the prohibition against hauling freight cars. ”