William R. Day

“ Over certain of the franchise lines a five-cent rate of fare without transfers was provided for in the grants, and because section 4 of the ordinance required transportation 'where the trip is over two or more lines, whether franchise lines or not,' without transfer charge, it is held that, if this provision were enforced, the effect would be to impair such five-cent franchise contracts and that the ordinance is therefore void. ”

“ Substantial justice is more likely to result from trusting to the sense of fairness of a community in dealing with such cases than from imposing upon a city a contract which a court shall make for them. The language used by Mr. Justice Holmes, when dissenting in the Denver Case, 246 U.S. 196, 38 Sup. Ct. 284, 62 L. Ed. 649, is sharply applicable to this case, mutatis mutandis:
'We must assume that the Water Company may be required, within a reasonable time, to remove its pipes from the streets. Detroit United Railway v. ”

“ Every possible presumption is in favor of a statute, and this continues until the contrary is shown beyond a rational doubt. Sinking Fund Cases, 99 U.S. 700, 718, 25 L. Ed. 496. The violation of the Constitution must be 'proved beyond all reasonable doubt.' Ogden v. ”