And mandamus will lie to compel a corporation to build a bridge in accordance with an express requirement of statute.

—the price which they shall charge for the transportation of freight and passengers, the speed at which they may run their trains, and the way in which they may cross or run upon highways and turnpikes used for public travel. It may make all such regulations as are appropriate to protect the lives of persons carried upon rail-214 Constitutional History of New York. alroads …

"Under this reserved power the legislature may impose upon railroad corporations such additional restrictions and burdens as the public good requires. It may not confiscate property, but it cannot be doubted that it may do all that is required by the act of 1874."

If power were granted by the legislature, and it amounted in the particular case simply to a fair, reasonable and appropriate regulation of the business of the corporation, when considered with regard to the interests both of the company and of the public, the legislation would be valid, and would furnish, therefore, ample authority for the courts to enforce it.

The authorities seem to be uniform to the effect that a reservation of the right to repeal, enables a legislature to effect a destruction of the corporate life, and disable it from continuing its corporate business

The Legislature may impose such restrictions and conditions as the public good requires; thus, in case of a railroad company, the manner of building bridges, speed of trains, rates of fare, etc., although a charter has been granted without reserving power to amend.

—based the right of control upon the power of the State to enforce the charter obligation and the reserved power to alter or amend the charter in the public interest.

"Railroad corporations hold their property for the public benefit, and they are subject therefore to legislative control. The Legislature, which created them, may regulate the mode in which they shall transact their business; the price they shall charge for transportation of freight and passengers. Such legislation violates no contract, takes no property and interferes with no …

—a statute which authorizes the construction of highways across railroad tracks without compensation to the railroad company does not violate the constitutional provisions against the taking of private property for public use without compensation or impair the obligation of contracts.

Although to carry out the judgment may require the exercise by the plaintiff in error of the power of eminent domain, and will also result in some, comparatively speaking, small expense, yet neither fact furnishes an answer to the application of defendant in error.