Pierce Butler

“ But defendants in error contend that the ordinance is void because it attempts to surrender police power; and therefore that there is no such contract.
It is elementary that for the safety and convenience of the public, the state, either directly or through its municipalities, may reasonably regulate the construction and use of highways where they cross railroads. The legitimate exertion of police power to that end does not violate the constitutional rights of railroad companies. ”

“ There is nothing in the ordinance that involves any attempt to interfere with or hinder the proper exertion of police power. Evidently it was the intention of the parties to make a permanent settlement in respect of the crossings covered by the ordinance. The city was empowered to open the Comanche avenue crossing at any time without condemnation or other proceedings. Neither party could terminate the contract without the consent of the other. ”

“ The city's agreement to bear the cost of construction of the Comanche avenue crossing does not infringe the police power. The enforcement of the commission's order would deprive plaintiff in error of its property without due process of law and would impair the obligation of the contract in violation of the Constitution of the United States. ”