Opinion
No. 162.
Argued April 19, 20, 1909. Decided April 26, 1909.
Affirmed on authority of Northern Pacific Railway v. Duluth, 208 U.S. 583.
The headnote in Northern Pacific Railway Company v. Duluth applicable to this case is as follows:
"The right to exercise the police power is a continuing one that cannot be limited or contracted away by the State or its municipality, nor can it be destroyed by compromise as it is immaterial upon what consideration the attempted contract is based.
"The exercise of the police power in the interest of public health and safety is to be maintained unhampered by contracts in private interests, and uncompensated obedience to an ordinance passed in its exercise is not violative of property rights protected by the Federal Constitution; held, that an ordinance of a municipality of that State, valid under the law of that State as construed by its highest court, compelling a railroad to repair a viaduct constructed, after the opening of the railroad, by the city in pursuance of a contract relieving the railroad, for a substantial consideration, from making any repairs thereon for a term of years was not void under the contract, or the due process, clause of the Constitution."
Mr. Rome G. Brown, with whom Mr. Charles S. Albert and Mr. William R. Begg were on the brief, for plaintiffs in error.
Mr. Frank Healy, with whom Mr. Albert E. Clarke was on the brief, for defendant in error.
Judgment affirmed on authority of Northern Pacific Railway Company v. State of Minnesota ex rel. Duluth, 208 U.S. 583.