Morrison Waite

“ That exemption was only for that road, and as the amending act does not in terms by fair implication apply the exemption to the additional road which was to be built under it, we must presume that nothing of the kind was intended, and that the state was left free to tax that road like other property. No rule is better settled than that a contract of exemption from taxation is never to be presumed. ”

“ A surrender of the power to tax when claimed 'must be shown by clear and unambiguous language which will admit of no reasonable construction consistent with the reservation of the power.' Delaware Railroad Tax Case, 18 Wall. ”

“ The two companies were afterwards consolidated, and, when the case in which the state of Georgia appears as defendant in error was before this court on a former writ of error, it was decided that this road, and that part of the road of the Southwestern Company which was built under the original charter, were exempt from taxation beyond one-half of one per cent. upon their annual net income. ”