Mississippi Society of Arts & Sciences v. Musgrove

Citations

• 44 Miss. 820
• 2 Morr. St. Cas. 1723

Syllabus

<p>1. COBPOEATE EBANCHISES — IMPAIRING OBLIGATION OE CONTEAOTS — COMMON LAW.— The clauso of the constitution forbidding states to pass laws impairing the obligation of contracts shouldbe read and considered in connection with the ancient principles of the common law. Brewster v„ Kitcholl, 1 Salic., 189 ; Ld. Raym., S17.</p> <p>'2. Same. — Not all legislation which may, incidentally, have the effect to impair contracts, is obnoxious to the constitutional prohibition. Illustrations of the exceptions, which may be upheld, with the limitations, which must be enforced.</p> <p>3. Same — The constitutional prohibition, being addressed to the “state,” applies as much to the framers of a state constitution as to a legislature.</p> <p>4. Tested bights. — Tho legislature may take away, by statute, what has been given by statute, unless rights under it have vested. This rule illustrated.</p> <p>5. Lottekies. — A lottery grant is repealable except when contracts havebeen-made or rights vested, as between the grantees and others, which a repeal would infringe-,</p> <p>6. Repeal oe qeants. — There seems to be no disagreement in the authorities! that, if no consideration has been paid for a license, it is open to repeal.</p> <p>7. Police eegulaticns fob pbesebvin& public moeals ob health. — Whether the prohibitory clause in favor of contracts can ever be allowed to affect the power of the state to enact poliee regulations for the protection of health and morals; and, whether on acoount of their pernicious and demoralizing influence in the community, ^ottory companios who have pai|d a bonus may not still be included in the repealing power, quoere.</p> <p>8. Conteaots — Tendee of pebfobjianoets not bebeobmance_If plaintiffhad even. made formal tender of full performance of all' the conditions precedent to the enjoyment of their franchise before the repealing laws took effoct, these repealing laws would have swept away their franchise, beóause no contract had been perfected, and no ri