e should take the property of A
and give it to B, or if they should vacate a grant of
property, or of a franchise, under the pretext of some
public use or service, such cases would be gross abuses of
their discretion, and fraudulent attacks on private right,
and the law would clearly be unconstitutional and void."

Concerning the construction of corporate powers Kent lays down the
following rule:

"The modern doctrine is to consider corporations as having
such powers as are specifically granted by the act of
incorporation, or as are necessary for the purpose of
carrying into effect the powers expressly granted, and as
having no other. The Supreme Court of the United States
declared this obvious doctrine, and it has been repeated in
the decisions of the State courts. No rule of law comes with
a more reasonable application, considering how lavishly
charter privileges have been granted. As corporations are
the mere creatures of law, established for special purposes,
and derive all their powers from the acts creating them, it
is perfectly just and proper that they should be obliged
strictly to show their authority for the business they
assume, and be confined in their operations to the mode and
manner and subject matter prescribed."

As to the duties of common carriers he says:

"As they hold themselves to the world as common carriers for
a reasonable compensation, they assume to do and are bound
to do what is required of them in the course of their
employment, if they have the requisite convenience to carry
and are offered a reasonable and customary price; and if
they refuse without just ground, they are liable to an
action."

Judge Cooley, in his very able work, "Constitutional Limitations,"
refers to the so-called vested rights of corporations and the abuse
growing out of them as follows:

"It is under the protection of the decision in the Dartmouth
College case that the most enormous and threatening powers
in our country have been created, some of the great and
wealthy corporations actually having greater influence in
the country at large, and upon the legislation of the
country, than the States to which they owe their corporate
existence. Every privilege granted or right conferred--no
matter by what mea