Pierce Butler

“ Operating expenses greatly increased between 1914 and the adoption of the franchise ordinance.
That the city had power under its charter to prescribe just and reasonable fares from time to time was stated by counsel on the argument and is assumed. The surrender of this power or any part of it is a very grave act; authority to make it must be plain, and the intention so to do must clearly and unmistakably appear. ”

“ Section II. Any person, firm or corporation operating any electric street railway or car within the city of Paducah, or under any franchise granted by the city of Paducah, who shall charge or attempt to collect any greater rate of fares for transportation upon any such electric street car than is provided in section I hereof, shall be guilty of a violation of this ordinance, and each person, firm or corporation so violating said ordinance shall be fined in any sum not less than ten ($10.00) dollars, nor more than twenty ($20.00) dollars for each violation thereof. ”

“ If the franchise here amounts to a contract binding the company to the fare stated therein as a maximum, as claimed by the city, for the whole franchise term of 20 years, it cannot complain, and there is no ground for relief ”