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SOUTHERN PACIFIC CO. v. PORTLAND

No. 122.

227 U.S. 559 (1913)

33 S.Ct. 308

57 L.Ed. 642

SOUTHERN PACIFIC COMPANY v. CITY OF PORTLAND.

Supreme Court of United States.

Decided February 24, 1913.

Attorney(s) appearing for the Case

Mr. James E. Fenton, with whom Mr. Wm. D. Fenton, Mr. Ben C. Dey, Mr. Kenneth L. Fenton and Mr. Maxwell Evarts were on the brief, for appellant.

Mr. Frank S. Grant, with whom Mr. Lyman E. Latourette was on the brief, for appellee.

MR. JUSTICE LAMAR delivered the opinion of the court.

The bill alleged that by virtue of the laws of the State and its charter the City of Portland passed Ordinance 599 permitting cars to be run along Fourth Street. That ordinance reserved the right "to make and alter regulations" and to "prohibit the running of locomotives." And as the court held that this reserve power authorized the city to prohibit the use of steam, the...

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