This is the question for decision: Where legislative authority is given therefor, may the governing body of a city grant permission to the owner of buildings abutting on opposite sides of a street to construct an arcade over the street connecting the buildings for private purposes when such completed arcade (1) will not impair the *566rights of others to the use of light and air, and (2) “will not unreasonably interfere with the public easement of travel and transportation” ?
The court below, in dismissing the temporary restraining order, held in effect that, under such circumstances, the city had such right and with this ruling, we are in agreement.
While the subject, in the form presented here, does not appear to have been considered by this Court, there are decisions to the effect that without express legislative authority therefor, a municipality may not permit encroachments upon public streets for private purposes. Ordinarily the question has arisen where property rights are involved. See Butler v. Tobacco Co., 152 N. C., 416, 68 S. E., 12; Guano Co. v. Lumber Co., 168 N. C., 337, 84 S. E., 346.
The consequential inference from these decisions is that, with express legislative authority therefor, a municipality may permit encroachments upon public streets for private purposes, provided the property rights of others are not invaded, and the public use of the street is not unreasonably obstructed, as was found below by the judge in this case.
Such is the principle as expressed by text writers, for example: In 44 C. J., 983, Municipal Corporations, sec. 3782 (10), it is stated: “Within constitutional limitations, and provided public use is not unreasonably interfered with, the legislature may authorize a private use of streets, and may permit structures in the street for business conveniences that, in the absence of such authority, would be considered obstructions or nuisances. Where acting under constitutional or delegated legislative authorization, a municipality may grant a private use of its streets, unless such private use would unreasonably interfere with public use. Rut in the absence of constitutional, charter, or statutory provisions so permitting, a municipality has no power to authorize the use of its streets for a private purpose.”
Moreover, it is a general principle of law that municipal corporations are creatures of the Legislature of the State, and that they possess and can exercise only such powers as are granted in express words, or those necessarily or fairly implied in or incident to the powers expressly conferred, or those essential to the accomplishment of the declared objects and purposes of the corporation. 37 Am. Jur., 722, Municipal Corporations, section 112. Ordinarily such powers may be enlarged, abridged, or entirely withdrawn by the Legislature at its pleasure. Furthermore, the control of streets is primarily a State duty, and the legislative control, in the absence of constitutional restriction, is paramount, subject to the property rights and easements of the abutting owner. However, the Legislature may delegate the power of control over its streets to the municipal corporations of the State or to the governing body in a city, town or village, or to a particular municipal board, or other agencies. *567And where such power bas been delegated tbe power of the municipality is measured by the statute or charter provisions delegating such authority. McQuillin on Municipal Corporations, 2nd Ed., Revised Vol. 4, section 1414 (1310), and 29 C. J., 646, Highways, section 409. See also Yale University v. New Haven, 104 Conn., 610, 134 Atl., 268, 47 A. L. R., 667.
The judgment below is
Affirmed.