by John Marshall Harlan

“ We are of opinion that the act of 1869 plainly expresses the intention that the company should enjoy the rights, privileges, and franchises conferred by the act of 1867, as modified and extended by that of 1869, without its charter being subject to amendment or repeal at the will of the legislature. In ascertaining the legislative intent we attach no consequence to the negotiations between the Louisville Gas Company and the city council of Louisville as to the provisions to be embodied in any amended charter giving the company exclusive privileges from January 1, 1869 ”

“ Whether an alleged contract arises from state legislation, or by agreement with the agents of a state by its authority, or by stipulations between individuals exclusively, we are obliged, upon our own judgment, and independently of the adjudication of the state court, to decide whether there exists a contract within the protection of the constitution of the United States. ”

“ Assuming that the act of 1867 was not a prolongation of the corporate existence of the original Louisville Gas Compnay, but created a new corporation by the same name, it is clear that such charter was granted subject to the provisions of a general statute of Kentucky enacted on the fourteenth of February, 1856, entitled 'An act reserving power to amend or repeal charters and other laws.' That statute is as follows: 'Section 1. ”

“ But the act was held to be unconstitutional; the court, among other things, saying: 'Ferries are parts of highways, and the government may perform its duty in establishing and maintaining them through the agency of private individuals or corporations, and such agencies are representatives of government, and perform for it a part of its functions. ”