526 HASTINGS—-POLICE POWER OF THE STATE. [June 19, 
expense of the commissioners’ examination was sustained as a mere 
rule of the public service and not taxation. 
That a state may by law change the rate of interest that a judg- 
ment is bearing was determined by a divided court in * Morley as. 
Lake Shore & Michigan Southern Railway Company. One Mor- 
ley had obtained, January 26, 1878, judgment for $53,184.88 
against the railroad company for guaranteed dividends on a stock 
on another road which had been absorbed by it. This judgment 
was contested in higher courts of the state of New York, but finally 
affirmed, May 21, 1881, and an execution issued for the amount 
and seven per cent. interest. 
The defendant company paid the amount with interest at seven 
per cent. per annum up to January 1, 1880, and six per cent. 
after that, and applied to have the judgment satisfied on the 
ground that on January 1, 1880, interest had been reduced by law 
in New York from seven to six per cent. per annum. The trial 
court refused this, but the Court of Appeals reversed such action, 
held the payment sufficient and the judgment discharged. 
This action of the Court of Appeals was taken for review to the 
Supreme Court of the United States. The New York Court of Ap- 
peals had held that there was no special reference to a judgment like 
this in the law changing the rate of interest. The United States 
Supreme Court accepted that construction. So construed, did the 
law impair the obligation of the contract? Plaintiff’s claim was 
that while the contract stipulated no interest, it was made under a 
law providing for seven per cent. per annum after payment became 
due, and that such law was a part of the agreement. It was also 
claimed that the judgment itself was a contract. Both contentions 
were denied. 
Justice Harlan’s dissenting opinion, with which Justices Brewer 
and Field concur, argues that the cases, as to what changes may be 
made in the law relating to remedies on contracts, sufficiently 
establish that this action of the state was an impairment of the 
obligation of one. 
Yesler vs. Board of Harbor Line Commissioners” is a reminder 
of Chief Justice Shaw’s decision as to harbor rights in Common- 
wealth vs. Alger, and Minneapolis Railway Co. vs. Emmons ® is a 
17146 U. S., 162 (1892). 2 Td., 646. 
37149 U. S., 364. 
