Page:Federal Reporter, 1st Series, Volume 1.djvu/501

 IM BI TIBUBOIO PABBOTT. 493 �I am therefore of opinion that, irrespective of the rights secured to the Chinese by the treaty, the law is void, as net being a "reasonable," bona Jide, or constitutional exercise of the power to alter and amend the general laws under which corporations in this state have been formed; that it would be equally invalid if the proscribed class had been Irish, Ger- mans, or Americans ; that the corporations bave a constitu- tional right to utilize their property, by employing such laborers as they choose, and on such wages as may be mutu- ally agreed upon; that they are not eompelled to shelter themselves behind the treaty right of the Chinese, to reside here, to labor for their living, and accept employment when offered; but they may stand firmly on their own right to employ laborers of their choosing, and on such terms as may be agreed upon, subject only to such police laws as the state may enact with respect to them, in common with private individuals. �In the foregoing observations I have treated the question diseussed as if the reservation had been found in a special charter, by which the corporation was created, and its fran- -chises conferred. �I have endeavored to show that such a reservation cannot be construed to authorize the legislature to impair the obli- gation of any contract lawfuUy made by a corporation, or to deprive the corporation of any vested property or rights of property lawfully acquired. But in this state the constitution forbids the legislature to create private corporations by special act. They may be "formed" (i. e., by private persons,) "under general laws." AU persons who choose to avail themselves of the provisions of these laws may acquire the franchises which "they offer. These general laws may be repealed or altered, What would be the effect upon the existence or rights of cor- porations already formed, of the repeal or alteration of these laws, it is not necessary here to inquire. �It is sufficient to say that the legislative power cannot be greater under such a provision than under a reservation of a power to amend or repeal contained in a charter, by which a •corporation is created and its franchises conferred. ��� �