Rufus Wheeler Peckham

“ The state cannot do it itself, and if it cannot, surely one of its creatures, like a city, cannot be permitted to do that which its creator is prohibited from doing.'
We have already seen that the legislature was competent to grant to the city of Detroit the right to give its consent to the laying of the tracks of a street railway and the operation of the same in and through its streets upon such terms and conditions as the parties might agree upon. The grant of this power was not the formation of a municipal corporation, directly or indirectly, either in substance or effect. ”

“ Only a court of equity is competent to meet such an emergency and determine, once for all, and without a multilicity of suits, matters that affect, not simply individuals, but the interests of the entire community as involved in the use of a public highway and in the administration of the affairs of the quasi-public corporation by which such highway is maintained.' While this is not such an extreme case, and there are no penalties provided in the ordinances for disobedience, yet the same principle applies. ”

“ It may be conceded that clear authority from the legislature is needed to enable the city to make a contract or agreement like the ordinances in question, including rates of fare. But there can be no question in this court as to the competency of a state legislature, unless prohibited by constitutional provisions, to authorize a municipal corporation to contract with a street railway company as to the rates of fare, and so to bind during the specified period any future common council from altering or in any way interfering with such contract. ”

“ Any street railway company may also purchase and acquire, either at public or private sale, whether judicial or otherwise, or may hire any street railway in any city, village, or township owned by any other corporation or company, together with the real and personal estate belonging thereto, and the rights, privileges, and franchises thereof, and may use, maintain, and complete such road, and may use and enjoy the rights, privileges, and franchises of such company and upon the same terms as the company whose road and franchises were so acquired might have done. ”

“ All laws passed pursuant to this section may be amended, altered, or repealed.' Counsel for the defendants contends 'that the regulation of rates of fare or toll upon the street railway is a governmental function, delegated by the legislature of the state of Michigan to the minicipalities, and no matter in what form such delegation of power may be exercised, whether by ordinance or an assumed contract, it is nevertheless a law, subject to alteration, amendment, or repeal. ”

“ The tram railway act amendment of 1867 is a general provision regarding regulations or conditions, destroying or unreasonably impairing rights or franchises already granted, or depriving the company of rights of construction and operation, and should be construed also in connection with § 14 of the street railway act, while the matter of rates of fare is specially provided for by § 20 of the last-named act, which provides for an agreement on that subject. ”

“ It may very well be that language used by a legislature in merely conferring authority upon a company to fix certain charges for fare might not be regarded as amounting to a contract, when the same language used by parties in fixing rates under a legislative authority and direction to agree upon them would be regarded as forming a contract because the statute provided specially for that mode of determining them. ”

“ The title of the street railway act is 'An Act to Provide for the Formation of Street Railways,' and the claim is made that the provision of § 29, making the act applicable to other companies, is outside and beyond the object of the act as expressed in its title. ”

“ The foundation of the right of action lies in the alleged invalidity of the ordinances of 1899, reducing the rates of fare on the railways of the complainant, because, as averred, those ordinances are in violation of the Federal Constitution, as impairing the obligation of contracts between the parties already existing, and therefore the claim is made that they should not be permitted to be enforced against the complainant where such enforcement might result in a multiplicity of suits, or in harassing and expensive litigation. ”

“ It is true there are no penalties fixed in the ordinances for disobedience to their commands on the part of the company, but the bill shows that there are a large number of passengers carried over the roads of the complainant daily, amounting to many thousands, each of whom would have the right to demand transportation at the rates provided for by the ordinances in case they were valid. ”

“ The 12th section of the charter to that company declared, among other things, that it should have the exclusive right of transportation or conveyance of persons, merchandise, etc., over the railroad to be constructed, and it provided that the charge of transportation or conveyance should not exceed 50 cents per 100 pounds for heavy articles, and 10 cents per cubic foot on articles of measurement for every 100 miles, and 5 cents per mile for every passenger. ”

“ An equitable action like this would certainly be more adequate and offer more effective and immediate relief than for the complainant to await the various actions at law to which it would otherwise be subjected by the defendants and the individuals demanding the reduced rates for transportation. ”

“ We have thus answered the chief objections of the city to the maintenance of this action. Some others have been made, which we have examined, but do not think it necessary to further refer to them than to say they are in our opinion not well founded. ”

“ Rep. 391, and it was held that the provision did not require a detailed statement or index or abstract of its contents in the title of an act, and that it did not prevent uniting, in the same act, numerous provisions for one general object fairly indicated by its title.
The Constitution of Illinois contains a similar provision, the construction of which also came before this court in Jonesboro v. Cairo & St. L. R. Co. ”