Pierce Butler

“ The value of the viaduct to be removed, the large expenditure involved for construction of the crossings in its place, and the dangers incident to their use constitute the sole basis of fact on which the ordinance, is assailed. It is elementary that enforcement of uncompensated obedience to a regulation passed in the legitimate exertion of the police power is not a taking of property without due process of law. Chicago, Burlington & Q. Railroad Co. ”

“ The sacrifice of the old structure and the cost of the new crossing involve a large amount of money. But the evidence fails to show that having regard to the circumstances, it is so large that the regulation must be held to pass the limits of reasonable judgment and amount to an infringement of the right of ownership. ”

“ Following the adoption of the ordinance, the company built a single-track trestle viaduct which has since been maintained and used for the passage of its street cars over the railroad tracks. November 7, 1926, the city passed Ordinance 9375 requiring appellant to remove the viaduct and to construct in its place double tracks at street level across the railroad tracks. Appellant refused and the city brought this suit to compel compliance.
The complaint alleges: Because of increase of population, the single track is not sufficient to provide adequate service for the people of that section. ”