Ex Parte Maynard

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

There seems a plain distinction between ' the ease here made, and each and all those cited in the lengthy and able motion for rehearing, which distinction is based on the well settled rule that the power to make laws which by their terms become and are effective or not at the pleasure of individuals or corporations, does not exist in the legislature, and cannot be asserted by a municipality created under legislative authority. The last clause of the ordinance here held invalid, and which is quoted in our original opinion, expressly authorizes a railway…