Cases On Constitutional Law With Notes volume 4

Cover Cases On Constitutional Law With Notes volume 4
Cases On Constitutional Law With Notes volume 4
James Bradley Thayer
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Mr. Justice Miller. I concur in the judgment of the court, but can not agree to the principal argument by which it is supported in th e opinion . As th e question turns upon the existence of a contract and its nature, and not upon the power of the legislature to i^ass laws affcc t- ing the health and comfort of the community, a reference to them and to the power to repeal and modify them, where no contract is in ques - t ion, is irrelevant . It is said tliat such contract as may be found in the
... present case was made subject to the police power of the legisla- ture over the class of subjects to which it relates. The extent to which this is true depends upon the specific character of the contract and not upon the general doctrine. This court has repeatedly decided tha t a Sta te may by contract bargain away her right of taxation . I hav e no t concurred in that view, but it is the settled law of tliis coiu't. If a Stat e may make a contract on that subject which it cannot abrogate or rep eal, it may, with far more reason, make a contract for a limited ti me for the removal of a continuing nuisance from a populous c ity.

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