Constitutional Law An Introductory Treatise Designed for Use in Schools
Constitutional Law An Introductory Treatise Designed for Use in Schools
H J Horace Jewell Fenton
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It was decided, however, that the act of 1758 was in the nature of a contract and irrepealable, and the act of 1804 was there- fore unconstitutional. '"' This case established the constitu- tional principles that a State cannot annul a conveyance, when once made, or repudiate an exemption when once created. * N. J. V. Wilson, 7 Cranch. , 164. Ll^[lTATIONS OX THE STATES 157 A State may therefore exempt parties or lands from taxation, and if the terms of the exemption are clear, and the exemption... is not made as a mere favor, it becomes irrevocable. '" Public Offices. — An office holder gets his position either by election or by appointment. While a State or municipality is' always under an implied contract to pay for services rendered in office, the office itself is not such a contract as may not be impaired by subsequent legislation. A public office may be modified or abolished at any time, unless some constitu- tional provision expressly prohibits such change. Special Privileges. — Generally speaking, all special privi- leges obtained under the general law of the State, such as licenses to carry on a business not open to the general public, or exemptions from military or jury duty, or exemptions of property from taxation, may be taken away by subsequent legislation.
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