City of Emporia v. Atchison, Topeka & Santa Fe Railway Co.

Johnston, C. J.'

(dissenting) : In my opinion the ordinance is valid and should be enforced.

In the control of the streets the power of the legislature is supreme and unlimited except so far as it is restricted by constitutional limitations. The legislature may éxercise the power directly or through the municipal authorities, and when the power is delegated to the mayor and commissioners, as in this instance, that body has the same plenary power and full discretion that the legislature itself has and may exercise. Here the power to direct the making of an under-grade crossing was expressly…