Samuel Blatchford

“ The right to operate the railway in the streets is a franchise obtained through power given to the city by the state, but the state reserved the power to regulate such franchise, and impose conditions upon it. It reserved the power to determin the question of the exemption of the company from taxation, and to prescribe what burdens should be imposed upon it for the public good, in the enjoyment of its franchise. ”

“ Manifestly, such power of the state would exist, if the right to occupy the streets with tracks were granted to the company directly by an act of the legislature of the state, and the case is not changed by the fact that the franchise was granted by the city. There is nothing in the ordinance of the city council which takes away the power of the state and the city to impose additional taxes on the property of the company, or which indicates an intent that no further or different tax should be subsequently imposed on its property. ”