Joseph McKenna

“ Liberty in any of its exertions and its protection by the Constitution are of concern. The right to bind by contract and require performance of the contract are examples of that liberty and that protection and they might have resistless force against any interfering or impairing legislation if the contest in the case was simply one between Calhoun and the Arnold estate. But there are other elements to be considered-there is the element of the condition Congress imposed on the subject-matter of the controversy regarded as a condition of its grant. Relief could only be had through legislation. ”

“ The right is absolute and universal and necessarily must be to have any strength at all. It is only arbitrary in the sense that many of the contract between Arnold and Calhoun, have seen there was exertion of one of its powers in the present case not, however, to interfere with or lessen the asserted obligation of the contract between Arnold and Calhoun, but to limit only the application of the money gratuitously appropriated in the payment of attorney's fees. ”

“ We encounter at the outset a question upon the form of the judgment. The cross-petition was presented in a proceeding to require an accounting of the administrator of Arnold and the petition asserted a claim and lien upon the money in the administrator's hands received from the United States government. The judgment, however, does not refer to that money or the lien upon it; it provides only that Calhoun recover of the administrator 'the sum of fifteen hundred four and 50/100 dollars, with interest from July 1, 1915, and his costs herein and may have execution,' etc. ”