The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-07

serted in this case to amend or repeal
legislative grants to corporations being
itself but the expression of the will or
purpose OF the Legislature, for one par
ticular session or term of the State
OF New Jersey, cannot bind any succeed
ing Legislature which may choose to make
q grant or contract not subject to be
altered or repealed - SIT follows that,
unlike the Constitutional provision in
other States 1t is in New Jersey question
in every case OF contract made by the
Legislature, whether that body intended
that the right TO chnge or repeal list
should inhere In II, or whether, like other
contracts, II was perfect, and not within
the powers of the Legislature 10 impair
its obligation" The principle is not
established "that a reservation in a
charter to private corporation, Of the
right to repeal or amend IL shall extend
&c every subsequent amendment TO the
charter. IL is not easy TO see why such
provision should be extended beyond the
terms i'm which IL is expressed; and all
the force which properly belongs TO II is
given. when the exemption from the Con-
stitutional provision against impairing
the obligation of contracts is extended as
fan as the language OF the exemption
justiies; and it should be extended no
further by implication "It has become
the established law OF this
court that legislative enactment,
in the ordinary form of statute, may
contain certain provisions which. when
accepted as the, basis of action by individ-
uals or corporations, become contracts
between them, and the State within the
protection of the clause referred TO, OF
the Federal constitution" The Legis-
Iature was not willing to rest this con-
tract in the usual statutory form alone,
depending for its validity as contract
upon some action of the corporation un-
der il TO bind 1t to its terms; but they
required of company a formal written
acceptance within sixty days, or else it
became wholly imperative. Scan 1t be
believed that it was intended by either
party 10 this contract that, after 1t YVES
signed by both parties, one was bound
forever, and the other only for day?
That there was implied in it, when 1t
was offered to the acceptance OF the COM
pany, the right on the part OF the Legis-
lature to alter or amend it at its pleasure?
III the State intended 10 reserve bis
right. what necessity for asking the COM
pany to accept in such formal manner
the terms of contract which the state
could at any time make to suit itself?
Without quoting the language OF the
opinion further, the court held that the
exemption was a contract, and that the
power to revoke 1t did not exist by fair
construction.
The inquiry is equally pertinent in this
matter in question why did the Legisla-
ture make the payments to,the city 10 be
conditional upon an acceptance in writ
ing of the terms of the acts by both the
city and the companies, and the same to
be In full payment for the rights and priv
ileges OF the Companies in the streets OF
the cities.
Furthermore, the Rhode Island statute
reserves the power to amend or repeal
"all acts of incorpor tion." 1t does not
state that their power extends 10 supple
ments or amendments of charters, or to
the extension of corporate powers, snd
therefore the opinion, in the case OF the
State of New Jersey vs. Yard, that the
meaning of such acts are not to be ex-
tended by implication, applies in con-
STRUNG the Rhode Island statute.
In Sloan, appellant vs.. Pacific Railroad
Company, 81, Mo. "a, the Supreme Court
OF Mis- ouri held, where the charter OF
railroad conferred upon the company the
power to regulate its tolls for certain
length of time, that an act passed by the
Legislature during that time to regulate
the same tolls was unconstitutional.
The court says: sit is not contended in
this case that Legislature may not part
with its right OF taxation, one of the most
important attributes OF sovereignty.
The contrary has been asserted by
the Supreme Court OF the United
States and its decisions have been ac-
quiesced In. The right to regulate the
tolls on road Is matter OF inferior inn
portance to the State, and IL the right
of taxation may be abandoned, IL il d. th-
cult 70 perceive why the right of regula-
tion OF tolls may not be transferred to
the corporation"
In Commonwealth VS.. Essex Company,
II Gray, 239, the Supreme Court OF Massa-
chusetts held thai the reserved power OF
tl,x.I elas, cl4 .gaI opfc M
incorporation had its limits, and an
nounced its rule to be "That where, un-
der power in a charter, rights have been
acquired and became invested, no amend
ment or alteration of the charter can take
away The property or rights which have
become vested under legitimate exercise
OF the powers granted"
In Miller VS.. X. r.. Co, 21 Barp 5l3,
the Legislature under the reserved power
OF alteration required the company, which
had been previously Incorporated, TO
construct highway across their road.
The work was expensive and OF no benefit
to the company. The act imposing the
burden was held to he void by the Su-
preme Court OF New York.
BY the authority OF TIE foregoing cases,
Ii appears that contract has been estab-
lished between the State and the railroad
companies, aud that II not subject to
alteration or repeal under the statute
reserving power TO amend or repeal acts
of Incorporation.
Therefore the rights OF the city and the
railroad companies, under said acts, can
not be altered, and the rights of the bond
holoers of said companies cannot be i'm
paired.
General Discussion.
After the reading OF the reports and
the briefs, there were explanatory re-
marks by Councilnen Gardner and West
and Councilman kendrick of the Fourth
Ward placed few Goals of fire on the
heads OF the committeeman by a sincere
expression OF sympathy, Of belief that
the committee had excrted every effort,
and OF hope that Il would meet with
ultimate success. The affair probably
brought to the recollection OF every
member the causes which resulted in the
so-called "indignatlon meeting" OF about
year ago, when Councilman Kendrick
was on similar committee which had
also failed TO get transfers aud when Mr.