, 1874-06-08

gan tSsoan y. Williams, A lNich., 427j. But, M
OF other grounds, We think tho public elaracsol
of 81 sacll works oannot DO doi'btos. Whore they
m1nlstofto 70 tllO growth Of tho ctlop aud town
unless prohibited iron, doing 80, q, mil
nicipai corporation has tho samo powor to ali
wasor-worhs. coal for Its gap~worls, or gravo
tor l8 Rtroots, from beyond lis territorial limits
{Mterr .. a'iscatine, Wall. 88O). Undcr Tic
anitou powors conferred bv tho Federal Con-
se enso oons5sss S s sso teqRsSy %Ga son d
Louisville Cannl furnish instances Of suoh action
BY tliat body. The gift to tho sufferers from tl,e
overflow q tho Miaalssipp, and prior acts OF the
Kind, must also DO borno In mind. Canuot a
dtato Legislature do the satno things2
1T DoEH NOT BELONG TO COURTS
70 1ntofpolnto constitutional restrictions. on,
duty Is to apply. tho law, NOT to mako 1t. All
power may 20 abused where no safeguards arc
tho people, and not with tho judiciary.
Wo pasa by without romark tho point wllothor,
ln oasoB like this, tho public or private character
or tl'e work Is not Legislative rather than
It is iuetHtod that tho Invalidisy Of the eta4ute
has boon detormlned by two Judgments Of tho
Supreme Court of Michigan, and that wo ara
bound u to follow tloao aajudicationH tito Poo
p1o y salen 90 1fict., 452; Bay City .. Tho S!att
hose Wiz @h W s esys lsspo sxsmS p s
eminent tribunal by which tho judgments wore
pronounced, wo must bo permitted 10 say that
thcy arc
NOT sAT1srAo1onY TO OUR N1Nps.
Wo think tho dissenting opinion In tho ono
frat dncided Is unanawcrod, Similar taws hnyo
neen passed in twenty-ono States. In al OF
them but two, u IS bolieyed their validity Inns
hoon sustained BY tho highest local courts. It
OF reason and authority. The question before
11B belongs to tho domain Of general jurlspru-
denco. In this class of caBos thia Court ia not
bonnd by the Judgment OF tho Courts Of tic
determine for itHef. Here, commercial securi-
tics arc involved. When the bouds woro
issued, there had been no authoritative
intination from g. env quarter that s.lch atatutes
were g. INVALID. The Legislature affirmed their
validity in every act by an implication equivalent
in effect to an express declaration. And, during
the period covered by their enactment. neither
Of tho other departments Of tho Government OF
tho State lifted its voice agnfnat thom. Tho ao-
qnlesoenee was universal (Gelpke y. Dubuque, !
: The gonera1 understanding Of tho legal profos-
sion throughout tha country Is believed to have
been that. they weto valid. The National Con
9tttution forbida the Statcs to paas laws impair
ing the obligation Of contracts, In caRen proper-
ly brought before ue, that end can be- accom-
pliBhed unwarrantnbly -
:. NO MORE BY JUDICIAL DECISIONS =
than BY Legislation. Wore wo to yield, In cases
nke this to tho authority Of the decisions Of tho
Courts of tho respective States, we should abdt-
cato tho performance OF ono or tho most i'm
portant dutios with which tlia tribuns Ia oharrel
and disappoint tho wise and anlutary policy OF
tho framers Of the Constitution IN providing for
M the creation OF an independent Federal Judiciary.
Iho exercise OF our appellate Jurisdiction would
BE- 9s,' hnt s1n2 solomn mockery (Batz .. Asoatte
Tho quotation hOro under consideration was
fully considered by this Court In Tho County of
osos .. The Railroad Company, 1G Wallace G87,
and in 0!oost u The Supervisors, id., G78 We
have no disposition to qualify anything said in
those oases. Thoy aro conclusive In tho case
: In Sedqe,oick on Stat and Conss La,D, 90, it ls
said: I'll must be further borno iu mind that
the inva'idtty OF contracts mado In violation Of
statutes tB subject to- tho equitable exception
aas Sofpofson II making XII
where # Is a, simple question OF capaoitY or
authority to contract arising eithor on o,1cs-
t1on OF regularity Of organization or Of power
conferred BY the charter, aparty who has had
tod, in an action founded on It, to question its
validity. 1t would be in tho highest degroo
1HEQulTABLE AND suNJusr : ~
to pormit the defendant to reputiiata contract
pie of this exception has boon extended to other
caHes. 10 person who Las borrowed money Of
a Savings institution upon his promigsory note,
occurred BY pledge Of bank-atook, is not en-
titled to Ct, Injunction to prevent the proseo1l-
ton Of the note On the ground TINT the Savings
Bank was prohibited BY Its charter from making
loane Of that description" The AUTHORITIES ro
'fetred to suetain tho text Palmer D.. La,crence,
3,s sandG 4 s. @, 16a; Stean. Nau. Go. q. Weed, II
q; alc cntonen .. Steamboat Co., Is Penn. H.
u; Potter .. The Bk. Of 'lNtfca. s Hill, 400 !;
Sttydan' .. Morris q. d Co., S LiN, 401 Sack.
Grs IT, hdr1or M Bank =: Lesois Co., II Barb, ais;
f1nE tr~1