44 A. 483 | N.H. | 1895
If it were conceded that the refusal of the legislature to grant the plaintiffs a charter for a railroad upon the route described in this petition was upon the ground that in the opinion of the legislature the public good did not require the building of the proposed railroad, the opinion of the legislature upon that question would not be a judgment which would prevent the plaintiffs from again trying the same question before any competent tribunal. Prior to 1883 (Laws 1883, c. 100; P. S., c. 156), the legislature was the only tribunal with power to pass upon that question. The refusal of one legislature to grant a charter or other desired legislation does not deprive the applicants of the right to renew their petition to each succeeding legislature. The general law-making power "is continuously vested in successive agents, who have no more authority to extinguish it permanently or temporarily than to diminish or enlarge it." Opinion of the Justices,
Motion denied.
CLARK, CHASE, and WALLACE, JJ., did not sit: the others concurred. *349