524, 6 S. Ct. 264, holding grant of exclusive right to supply gas to municipality, upon certain conditions, is a contract; dissenting opinion, In re Ayers, 123 U. S. 515, 31 L. 233, 8 S. Ct. 188, majority holding one selling Virginia coupons agreeing that State shall receive them as taxes, if State refuses, cannot sue her; Sala v. New Orleans, 2 Woods, 194, F. C. 12,246, holding charter of bank a contract and that it could not be impaired by subsequent legis. lation; Selma v. Mullen, 46 Ala. 414, holding that corporation, unless forbidden, may make a parol contract; State v. County Court, 19 Ark. 367, holding exemption of swamp lands from taxation, was a contract; McCauley v. Brooks, 16 Cal. 30, holding act requiring that demands against State must receive sanction of a board is void as to existing claims. Cited, without particular application of the rule, in Camblos v. Railroad Co., 4 Fed. Cas. 1106; Platte, etc., Co. v. Dowell, 17 Colo. 386, 30 Pac. 72, and Scobey v. Gibson, 17 Ind. 577.

Taxing power is of such paramount importance that its abandonment ought not to be presumed, in a case in which the deliberate purpose of the State to abandon does not plainly appear; accordingly, where corporate charter is silent on subject, no exemption from taxation will be implied, pp. 561, 564.

The citing cases show that this salutary rule has been very uniformly indorsed and followed by the authorities: Charles River Bridge v. Warren Bridge, 11 Pet. 546, 549, 566, 9 L. 824, 825, 831, holding in grants by the public nothing passes by implication; West River B. Co. v. Dix, 6 How. 542, 12 L. 549, holding that bridge held by corporation can be condemned for a public road; dissenting opinions, Passenger Cases, 7 How. 482, 504, 534, 12 L. 785, 795, 807, majority holding unconstitutional State statutes imposing taxes upon alien passengers arriving in the port of those States; Nathan v. Louisiana, 8 How. 81, 12 L. 996, and Jefferson Branch Bank v. Skelly, 1 Black, 446, 17 L. 178, holding State law imposing a tax upon all money or exchange brokers, is not void for repugnance to power of Congress to regulate commerce; Ohio L. Ins. Co. v. Debolt, 16 How. 429, 430, 435, 14 L. 1002, 1003, 1005, holding the legislation of Ohio, respecting the taxation of plaintiffs, not to amount to a contract; Society for Savings v. Coite, 6 Wall. 606, 18 L. 902, holding franchise of a corporation may be taxed; Humphrey v. Pegues, 16 Wall. 249, 21 L. 327, holding legislature could not repeal law exempting road from taxation; The Delaware Railroad Tax, 18 Wal! 226, 21 L. 894, holding the intent to confer the exemption must be clear beyond a reasonable doubt; North Mo. R. R. v. Maguire, 20 Wall. 61, 22 L. 294, holding the act did not show an intention of the State to give up its power to tax the property of the railroad; Tucker v. Ferguson, 22 Wall. 375, 22 L. 816; West Wis. R. R. Co. v. Supervisors, 93 U. S. 598, 23 L. 815; Newton v. Commissioners, 100 U. S. 561, 25 L. 712; Memphis Gas Co. v. Shelby Co., 109 U. S. 401,

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27 L. 977, 3 S. Ct. 206, and Pennsylvania R. R. Co. v. Miller, 132 U. S. 84, 33 L. 272, 10 S. Ct. 37, all holding a contract to exempt property from taxation is never extended beyond what the terms clearly require; Morgan v. Louisiana, 93 U. S. 222, 23 L. 861, holding immunity from taxation is a personal privilege and not transferable; Farrington v. Tennessee, 95 U. S. 688, 24 L. 560, holding where charter granted bank provides bank shall pay State a certain per cent. in lieu of all other taxes," no additional tax can be imposed; see dissenting opinion, 691, 24 L. 561; Fertilizing Co. v. Hyde Park, 97 U. S. 666, 24 L. 1038 (affirming 70 Ill. 642), holding charter was not a contract guaranteeing exemption from the exercise of police power by State for fifty years; Missonary Soc. v. Dalles, 107 U. S. 342, 27 L. 547, 2 S. Ct. 677, holding the society acquired, under act of 1848, title only to such land actually occupied as a missionary station at that date; Sturges v. Carter, 114 U. S. 521, 29 L. 244, 5 S. Ct. 1019, holding law exempting stockholder from taxes, where the capital stock is taxed in the name of the company, does not apply to shares in a foreign corporation which pays taxes only on the portion of its property situated here; Railroad Commission Cases, 116 U. S. 326, 29 L. €42, 6 S. Ct. 342, and Atlantic, etc., R. R. Co. v. United States, 76 Fed. 192, holding a statute which grants to railroad the right from time to time to regulate tolls, does not deprive the State of its power to reasonably limit the amount of tolls; Vicksburg, etc., R. R. Co. v. Dennis, 116 U. S. 667, 29 L. 771, 6 S. Ct. 626, and Dennis v. Railroad Co., 34 La. Ann. 956, holding provision in charter exempting capital stock for ten years after completion of road, from taxation, does not exempt before such completion; Van Brocklin v. Tennessee, 117 U. S. 156, 29 L. 847, 6 S. Ct. 673, holding property of United States taxed while in its possession, cannot afterwards be sold for such taxes; Given v. Wright, 117 U. S. 655, 29 L. 1024, 6 S. Ct. 910, holding exemption from taxation can be lost by long acquiescence in imposition of taxes; Chicago, etc., R. R. v. Guffey, 120 U. S. 575, 30 L. 734, 7 S. Ct. 696, and Louisville, etc., R. R. v. Commonwealth, 10 Bush (Ky.), 48, holding exemption of stock of railroad, does not apply to stock issued for branches constructed under act of 1868; Hewitt v. Railroad Co., 12 Blatchf. 461, F. C. 6,443, holding that by reason of the reservations in the Constitution, the State could amend the charter by repealing the exemption clause; in the following: Stein v. Mobile, 17 Ala. 239; Mobile, etc., R. R. Co. v. Kennerly, 74 Ala. 571; Shorter v. Smith, 9 Ga. 524; Mayor, etc. v. Railroad Co., 50 Ga. 621; Gordon v. Mayor, etc., 5 Gill, 237; County Commissioners v. Railroad Co., 47 Md. 612; Washington University v. Rowse, 42 Mo. 321; North Mo. R. R. v. Maguire, 49 Mo. 499, 8 Am. Rep. 145; Pacific R. R. v. Cass Co., 53 Mo. 27; State, etc. v. Parker, 32 N. J. L. 435; Del. & R. & Co. v. Par. & Del. Co., 16 N. J. Eq. 372; People v. Davenport, 91 N. Y. 586; Debolt v. Ohio L. Ins. Co., 1 Ohio St. 573; Bank of Pennsyl

vania v. Commonwealth, 19 Pa. St. 154; Packer v. Railroad Co., 19 Pa. St. 218; Erie Ry. Co. v. Commonwealth, 66 Pa. St. 87, 5 Am. Rep. 353, and Pennsylvania R. Co. v. Duncan, 129 Pa. St. 200, all holding legislative intention to exempt from taxation must be expressed in the charter of the corporation in unambiguous terms.

Elsewhere the citing cases have affirmed and relied upon the doctrine as follows: Montgomery v. Shoemaker, 51 Ala. 120, holding power of city to collect specific tax, not lost by provision that no percentage tax shall be levied; City Water-Works v. Athens, 74 Ga. 416, holding water company liable to be taxed by city; Ohio, etc., R. R. Co. v. McClelland, 25 Ill. 127, holding railroad corporations subject to proper police regulations; People v. Theological Sem., 174 Ill. 180, 51 N. E. 198, holding exemption from taxation did not include property held as an investment, though income is used solely for school purposes; Hanna v. Commissioners, 8 Blackf. 355, holding act exempting lands from taxation, the repealing of which was reserved, did not prevent the legislature from afterwards including such lands in list of taxable property; Winchester, etc., Co. v. Croxton, 98 Ky. 747, 34 S. W. 520, 33 L. R. A. 191, and n., holding legislature had power to alter rates of toll fixed in charter; Union Boat Co. v. Bordelon, 7 La. Ann. 196, holding valid a tax on towboats plying on the Mississippi; dissenting opinion, State v. Board of Assessors, 35 La. Ann. 667, majority holding State and municipal bonds were not taxable; Portland, etc., R. R. Co. v. Saco, 60 Me. 200, holding exemption from taxation of roadbed, does not exempt depots; Mayor, etc. v. Board of Police, 15 Md. 390, 391, 466, 74 Am. Dec. 587, holding constitutional a law providing a permanent police for the city; Redemptorist Fathers v. Boston, 129 Mass. 180, holding land owned by religious corporation, separated by passage-way from portion of estate where church is, not exempt from taxation; People v. Detroit, etc., R. R., 1 Mich. 459, 460, holding railroad incorporated before certain statutes is liable to pay specific tax it imposes; Walcott v. People, 17 Mich. 83, holding tax on gross amount of business of express company is constitutional; East Saginaw M. Co. v. East Saginaw, 19 Mich. 279, 2 Am. Rep. 89, holding the exemption from taxation was a bounty law and not a contract; Winona, etc., R. R. Co. v. Waldron, 11 Minn. 535, 88 Am. Dec. 105, holding constitutional a statute requiring railroad to fence its line; Payne, etc. v. Baldwin, 3 Smedes & M. 680, holding constitutional an act prohibiting banks from transferring certain notes, etc.; Collins v. Sherman, 31 Miss. 700, holding, unless there be an express grant of exclusive right, the legislature may authorize a second ferry on the same river; Reed v. Beall, 42 Miss. 487, holding liquor licenses are not contracts but franchises and taxable; St. Joseph v. Hann. & St. Joseph R. R., 39 Mo. 479, holding exemption in charter could be repealed by legislature; St. Louis ▼. Boatmen's Ins. Co., 47 Mo. 155, holding clause of charter withdrawing corporation from operation of general laws, does not exVOL. III-10

empt from taxation; State v. Dulle, 48 Mo. 287, holding, unless there has been some express contract in limitation of the power, the legislature may increase taxes; State v. Lange, 16 Mo. App. 469, holding charter exemption from taxation of property used as cemetery does not include a lot used as a residence; North. Pac. R. R. v. Carland, 5 Mont. 187, 3 Pac. 155, holding Congress could exempt from taxation right of way of railroad through public lands; Esser v. Spaulding, 17 Nev. 301, 30 Pac. 898, holding certificates of indebtedness issued by county for allowances on general fund, does not create a contract to pay same out of the first money apportioned to general fund; Brewster v. Hough, 10 N. H. 145, holding a permanent exemption from taxation was not intended; Academy v. Exeter, 58 N. H. 307, 42 Am. Rep. 590, holding dormitory not exempt from taxation under provision that “all lands, etc., given for use of academy shall be exempt;" Society v. Manchester, 60 N. H. 350, holding State Constitution does not exempt church property from taxation; State v. Berry, 17 N. J. L. 81, holding an exemption applied to all the property of the company; Cook v. State R. R., 33 N. J. L. 478, holding land not used by the company, but rented, was not exempt; dissenting opinion, Chenango B. Co. v. Binghamton B. Co., 27 N. Y. 113, majority holding the prohibition in charter against the construction of another bridge was not a contract; People v. Commissioners of Taxes, 35 N. Y. 446, 447, holding shares of national bank taxable; People v. Roper, 35 N. Y. 633, 634, holding statute exempting from taxation, not founded upon adequate consideration, may be repealed at any time.

In other jurisdictions are the following, indorsing and applying the rule: Gardner v. Hall, Phill. (N. C.) 24, holding valid a tax upon "dead heads;" State v. Petway, 2 Jones Eq. 405, holding constitutional a tax on holders of bank stock; Attorney-General v. Bank, 4 Jones Eq. 290, holding unconstitutional a tax upon franchise of bank; Simonton v. Lanier, 71 N. C. 505, holding provision in charter that bank " may lend money at such rates as may be agreed upon," does not authorize the taking of more than legal rate; Railroad Co. v. Alsbrook, 110 N. C. 149, 150, 14 S. E. 654, holding that consolidation of railroad not exempt from taxation with one which is, does not exempt property of former; Toledo Bank v. Bond, 1 Ohio St. 667, 701, holding power of legislature to amend and repeal existing laws cannot be surrendered or abridged; Matheny v. Golden, 5 Ohio St. 368, 438, holding thre was a contract to exempt lands, and they could not be taxed; Sandusky City Bank v. Wilbor, 7 Ohio St. 506, holding "act to tax bank, etc.," is constitutional; Bank v. Commonwealth, 10 Pa. St. 450, holding bank, chartered under act prescribing payment of a certain tax on dividends declared, is subject to an increase of taxation; Mott v. Pennsylvania R. R., 30 Pa. St. 31, 72 Am. Dec. 676, holding contract for exemption from taxes unconstitutional; Iron City Bank v. Pittsburgh, 37 Pa. St. 346, holding, under reservation in Constitution of power to revoke char

ter, legislature may tax corporation for other than State purposes, though charter prohibits it; Brown University v. Granger, 19 R. I. 709, 36 Atl. 722, 36 L. R. A. 849, holding part of endowment rented for business use, was included in "college estate," and not taxable; Rose v. Charleston, 3 S. C. 379, holding that exemption in act was not a contract, but a mere legislative restriction on taxing power of the State, and subject to repeal; Jenkins v. Charleston, 5 S. C. 395, 398, 22 Am. Rep. 17, 20, holding city council may lawfully tax its own stock and that of non-residents; Union Bank v. State, 9 Yerg. 495, holding the exemption did not include any property, not necessarily included in the privileges; Lawyers' Tax Cases, 8 Heisk. 634, 642, holding invalid tax on privilege of practicing law; Louisville & N. R. R. Co. v. State, 8 Heisk. 794, holding railroads not included in act excepting any bank or other joint-stock company from taxation, and laying the tax on the stockholders; Memphis v. Farrington, 8 Baxt. 554, holding charter exemption from taxation of capital stock did not exempt shares of stock; Knoxville & O. R. R. Co. v. Hicks, 9 Baxt. 445, holding immunity from taxation passed to purchasers of railroad; Ex parte Williams, 31 Tex. Cr. 274, 20 S. W. 582, 21 L. R. A. 787, holding act forcing attorney to obtain another license is valid; Thorpe v. Rutland & Bennington R. R. Co., 27 Vt. 145, 146, 62 Am. Dec. 628, 630, holding valid an act requiring cattleguards at farm-crossings; Morgan v. Cree, 46 Vt. 790, 14 Am. Rep. 652, construing "public taxes" in exemption act not to include municipal taxes; Richmond, etc., R. R. Co. v. Richmond, 26 Gratt. 95, holding, if no contract is violated, municipality can prohibit railroad from propelling cars through streets with steam; Roanoke Gas Co. v. Roanoke, 88 Va. 824, 14 S. E. 670, where city gave privilege to lay pipes, for value received, it may afterwards lower grade and have pipes exposed removed; Puget Sound Agr. Co. v. Pierce County, 1 Wash. Ter. 169, 170, holding taxing power will never be presumed to have been relinquished; Janesville Bridge Co. v. Stoughton, 1 Pinn. 672, holding act did not grant an exclusive right to maintain bridge across river at that place; Pingree v. Michigan Central R. R. Co. (Mich.), 76 N. W. 640, holding act conferred on corporation the right to fix tolls within the limit of three cents per mile; Dow v. Northern R. R., 67 N. H. 48, 36 Atl. 534, where a corporation was chartered to operate a railroad, a lease of the road was a change of its corporate purpose, invalid without consent of all stockholders. Cited without particular application in Pearsall v. Great Northern Ry., 161 U. S. 664, 40 L. 844, 16 S. Ct. 709, reviewing the Dartmouth college doctrine at length; Commissioners v. Water P. Co., 104 Mass. 458, 6 Am. Rep. 258; dissenting opinion, Commercial Bank of Rodney v. State, 4 Smedes & M. 508; opinion of court, 58 N. H. 623; Burton v. State, 3 Gill, 7, 8, 10; Shollenberger v. Brinton, 52 Pa. St. 93; State v. S. P. R. R. Co., 24 Tex. 127; and Kerr v. Woolley, 3 Utah, 465, 24 Pac. 834. See note, 5 Am. St. Rep. 805, on non-performance of condition in grant of franchise, collecting authorities.