The Law of Electric Wires in Streets And Highways

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Louis, in which, under the con- stitution, the rights of the public in the streets and the whole 1 New Orleans V. Great South. Teleg. (1893); citing State Freight Tax Co. , 40 La. Ann. 41. 2 Am. EL Cas. 133. Cases, 15 Wall. 332, 278.
2 St. Louis V. West. Union Teleg. ^St. Louis v. West. Union Teleg. Co. , 148 U. S. 93; S. C. On rehearing, Co. , 63 Fed. Rep. 68.
149 U. S. 465, 4 Am, EL Cas, 103-105 70 ELECTKIC "WIRES IN STREETS AND HIGHWAYS. [§ 50.
sovereign control of the streets are vested in
...the city and not in the state. Cities ordinarily have not title to the streets, and the rights of the public therein are under the control of the state, and the cities have only such powers of regulation as are conferred by statute. It would seem, therefore, that the theory of a rental is not one w^hich could be applied satisfactorily in all cases, and it may be doubted whether cities have the power to rent any portion of the public streets, even for public pur- poses, without express legislative authority, and this authority should contain some reference to the amount of rental to be charged.

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