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Charles River Bridge Vs. Warren Bridge

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  • US Supreme Court
  • Jan 01, 1837

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  1. Charles River Bridge v. Warren
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  2. Bridge - 36 U.S. 420 (1837) U.S. Supreme Court Charles River Bridge v. Warren
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  3. Bridge, 36 U.S. 11 Pet. 420 420 (1837) Proprietors of Charles River Bridge v. Proprietors
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  4. the Constitution of the United States unless it also impairs the obligation of contract. The case of Satterlee v. Matthewson
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  5. every other case without exception. Public grants are to be construed strictly. In the case of The United States v. Arredondo
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  6. of the Court, and the principle recognized that, in grants by the public, nothing passes by implication. Jackson v. Lamphire
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  7. Beatys v. The
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  8. The Providence Bank v. Billings
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  9. and Pittmen, 4 Peters 514, cited. In the case of The Providence Bank v. Billings
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  10. not violate the Constitution of the United States unless it also impairs the obligation of a contract. In Satterlee v. Matthewson
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  11. The same principles were reaffirmed in this Court in the late case of Watson and others v. Mercer
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  12. both in England and by the decisions of our own tribunals. In the case of the Proprietors of the Stourbridge Canal v. Wheeley
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  13. in this Court, and the rule of construction above stated fully established. In the case of the United States v. Arredondo
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  14. the public, nothing passes by implication. The rule is still more clearly and plainly stated in the case of Jackson v. Lamphire
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  15. The same rule of construction is also stated in the case of Beaty v. Lessee
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  16. analogous to this, and in which the question came more directly before the Court is the case of the Providence Bank v. Billings
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  17. Stark v. McGowan
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  18. are applied to private contracts. In the argument, great reliance was placed on the case of the Stourbridge Canal v. Wheeley
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  19. Lord Tenterden. A corporate power to impose a tax on the land of the company, as considered in the case of Beaty v. Lessee
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  20. be taken, in whole or in part, for public purposes on condition of making compensation. In the case of Chadwick v. The
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  21. by this Court, they would do indirectly, what the law prohibits them from doing directly. In the case of Osborn v. Bank
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  22. to the commercial prosperity of a country. If it had not been otherwise laid down, in the case of Fletcher v. Peck
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  23. A reference to the points adjudged will show that it does not. The case of Satterlee v. Mathewson
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  24. of Fletcher v. Peck
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  25. there was an intermediate grantee between him and the State could not weaken his right. In the case of Fletcher v. Peck
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  26. the State law must act upon the contract. The act of the Legislature complained of in the case of Sturges v. Crowninshield
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  27. discharged from his obligation by a surrender of his property. And so, in the case of Trustees of Dartmouth College v. Woodward
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  28. of the corporation, alter its charter in a material part, it being a private corporation. In the case of Terrett v. Taylor
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  29. cannot repeal a statute creating a private corporation, and thereby destroy vested rights. The case of Green v. Biddle
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  30. parties to the original suit, whether private persons, or the State itself. This was decided in the case of Cohens v. State
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  31. for that clause of the Constitution is strictly confined to the parties on the record. So it was held in Osborn v. Bank
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  32. of the United States, 9 Wheat. 738, and in the Commonwealth Bank of Kentucky v. Wister
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  33. in order to exclude any narrow construction of them. So the Court admitted the doctrine to be in Attorney General v. Lord
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  34. of interpretation. The fishery was a royal fishery in gross, and not appurtenant to the territory of Rout. Ward v. Cresswell
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  35. and commented on by Mr. Justice Bayley in delivering the opinion of the court in the case of the Duke of Somerset v. Fogwell
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  36. and the case, as decided, is a direct authority the other way. Page 36 U. S. 596 The case of Blankley v. Winstanley
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  37. Martin v. Commonwealth
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  38. sense and common justice stood in any need of authority to support it. Lord Chief Justice Eyre, in the case of Boulton v. Bull
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  39. of the act, was ultimately sustained in the King's bench by a definitive judgment in its favor. See Hornblower v. Boulton
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  40. equally just and liberal has been repeatedly recognised by the Supreme Court of Massachusetts. In the case of Richards v. Daggett
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  41. Inhabitants of Somerset v. Inhabitants
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  42. Whitney v. Whitney
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  43. Holbrook v. Holbrook
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  44. Stanwood v. Peirce
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  45. of others, Courts of law will give them a large construction if it arise from necessary implication. Coolidge v. Williams
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  46. and most favorably for the public. The first case is the Company of Proprietors of the Leeds and Liverpool Canal v. Hustler
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  47. The next case is the Proprietors of the Stourbridge Canal v. Wheeley
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  48. afterwards chief justices of King's bench), arguendo, as counsel, in the great case of the East India Company v. Sandys
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  49. opposed, as well as of those who maintained the grant of the exclusive trade, in the case of the East India Company v. Sandys
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  50. construction in support of the patent, as Lord Chief Justice Eyre said, ut res magis valeat quam pereat. Boulton v. Bill
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