Charles Evans Hughes

“ But if there were legal excuse for a failure of the New Orleans & San Francisco Railroad Company to build, it was plainly desirable that neither party should be bound. In that case, as the terms of the ordinance show, the plaintiff in error was unwilling to assume the burden of construction, and the city, by not binding itself in that contingency, preserved its freedom to deal as it might seem best with the exigency that would thus arise. Ordinance No. 1997 did not obligate the city to build the belt road or any part of it; it did not bind the city to cause the road to be built by others. ”

“ It is equally well settled that, where the state court does give effect to later legislation which operates to impair the obligation of a contract if one exists, this court is not deprived of jurisdiction because the state court has put its decision upon the ground that the contract was not made, or that it was invalid, or that it has become inoperative. ”

“ That, when said Louisiana Railway & Navigation Company shall have operated its engines, trains, and cars over said belt tracks, as provided in this ordinance, for a period of thirty days, the said company shall pay to the city of New Orleans the sum of Fifty Thousand Dollars ($50,000) , . . . ”