Rufus Wheeler Peckham

“ It is not exhausted by being once exercised, and, so long as the object is plainly one of regulation, the power may be exercised as often as and whenever the common council may think proper. The use of the street may be subjected to one condition today and to another and additional one tomorrow, provided the power is exercised in good faith, and the condition imposed is appropriate as a reasonable regulation, and is not imposed arbitrarily or capriciously. ”

“ The effect of the third section of the latter ordinance was to leave with the railroad company the power to lay down and maintain and use one track instead of double tracks on Lexington street between the streets named. It is true, the city assumed to attach a condition to the exercise of this right, which was that the railroad company should within 20 days remove the double tracks, and replace the pavement. ”

“ Chapter 370 of the act of 1890, referred to in the foregoing statement of facts, distinctly granted to the mayor and city council of Baltimore the power to regulate the use of the streets by railway companies. ”