Miller v. The State (82 U.S. 478)/Dissent Bradley

by Joseph P. Bradley

United States Supreme Court

82 U.S. 478

CHARLES G. MILLER et al., Plaintiffs in Error,  v.  THE PEOPLE OF THE STATE OF NEW YORK.

No. 46.  Argued: November 15, 1872. --- Decided: January 6, 1873.

Mr. Justice BRADLEY, with whom concurred Mr. Justice FIELD, dissenting.

I dissent from the opinion of the court in this case, on the ground that the agreement with respect to the number of directors which the city of Rochester should elect, was not a part of the charter of the company, but an agreement outside of and collateral to it. Whilst the legislature may reserve the right to revoke or change its own grant of chartered rights, it cannot reserve a right to invalidate contracts between third parties; as that would enable it to reserve the right to impair the validity of all contracts, and thus evade the inhibition of the Constitution of the United States.

[See the next case.]

Notes