Horace Gray

“ In order to come within the provision of the constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts, not only must the obligation of a contract hv e been impaired, but it must have been impaired by a law of the state. ”

“ The constitution of Louisiana of 1879 does provide, in article 258, that 'the monopoly features in the charter of any corporation now existing in the state, save such as may be contained in the charters of railroad companies, are hereby abolished.' But the opinion of the supreme court of the state shows that it thought it unnecessary and 'entirely out of place' to consider the effect of that provision upon the exclusive privilege of the plaintiff ”

“ The difference in the extent of the jurisdiction of this court on writ of error to the highest court of a state, and on appeal from a circuit court of the United States, as affected by the ground of the decision of the court below, is illustrated by the cases of contracts payable in Confederate currency, or made in consideration of loans of Confederate currency, during the war of the rebellion, and by the cases of promissory notes given before that war for the price of persons sold as slaves. ”

“ For instance, the power of determining what persons and property shall be taxed belongs exclusively to the legistive branch of the government, and, whether exercised by the legislature itself, or delegated by it to a municipal corporation, is strictly a legislative power. ”

“ All that was left to the city council was the duty of determining what persons came within the definition, and how and where they might be permitted to lay pipes, for the purpose of securing their several rights to draw water from the river, without unreasonably interfering with the convenient use by the public of the lands and highways of the city. ”

“ The decision was governed by the settled principles of the jurisprudence of the state. In such cases this court has no power of review.' 'Substantially the same question arose in Bank of West Tennessee v. Citizens' Bank, heretofore decided. The writ of error was dismissed for want of jurisdiction. ”

“ People, 99 U.S. 309; Railroad v. Palmes, 109 U.S. 244, 3 Sup. Ct. Rep. 193; Gas-Light Co. v. Shelby Co., 109 U.S. 398, 3 Sup. Ct. Rep. 205; Railroad Co. v. Dennis, 116 U.S. 665, 6 Sup. Ct. Rep. 625. In each of those cases, the state court upheld a right claimed under the later statute, and could not have made the decision that it did without upholding that right; and thus gave effect to the law of the state drawn in question as impairing the obligation of a contract. ”