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DETROIT CITIZENS' STREET RAILWAY COMPANY v. DETROIT RY.

No. 236.

171 U.S. 48 (1898)

DETROIT CITIZENS' STREET RAILWAY COMPANY v. DETROIT RAILWAY.

Supreme Court of United States.

Decided May 23, 1898.

Attorney(s) appearing for the Case

Mr. John C. Donnelly, Mr. H.M. Duffield and Mr. Frederic A. Baker for plaintiff in error. Mr. Michael Brennan, Mr. David Willcox and Mr. Frank Sullivan Smith were on the plaintiff in error's briefs.

Mr. John B. Corlies, Mr. Charles Flowers and Mr. Joseph H. Choate for defendants in error. Mr. Philip A. Rollins was on their brief.

MR. JUSTICE McKENNA, after stating the case, delivered the opinion of the court.

The controversy turns primarily upon the power of the city of Detroit over its streets, whether original under the constitution of the State, and hence as extensive as it would be in the legislature, or whether not original but conferred by the legislature, and hence limited by the terms of the delegation.

The first proposition is asserted...

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