David Josiah Brewer

“ That which gives to a government patent for an invention its chief value is not the right to manufacture and sell the thing invented, but the right to exclude others from so doing, the monopoly for the prescribed term of years. But the grant of cable grant of special privileges or immunities.' Constitution. ”

“ By a separate section of the Constitution is is affirmatively declared that the legislature shall pass no act 'making an irrevocable grant of special privileges or immunities.' While that body may grant special privileges and immunities, grant franchises to build waterworks, construct railways, or other works of public utility, and by a failure to duplicate a grant make it in effect for the time being exclusive, yet no one legislature can forestall action by a succeeding legislature, or bind the state by making the grant in terms exclusive. ”

“ While the effect of granting such a franchise, afterwards, to the city, might be to impair, and possibly by fair competition to ultimately largely destroy, the value of complainant's plant, it would not be in excess of legislative power to grant the franchise to the city, nor would it in anywise infringe the Federal Constitution, prohibiting a state legislature from passing laws impairing its obligations. If there is no contract, there is nothing in the grant on which the Constitution could act. ”