With reference to the strictness with which charter grants are to be construed the courts have laid down the doctrine that the State is to be held to have granted only such powers or immunities as are specifically or unequivocally stated, or as are necessarily and unavoidably implied therein. In Northwestern Fertilizing Co. v. Hyde Park24 the court say: "The rule of construction in this class of cases is that it shall be most strongly against the corporation. Every reasonable doubt is to be resolved adversely. Nothing is to be taken as conceded but what is given in unmistakable terms, or by an implication equally clear. The affirmative must be shown. Silence is negation, and doubt is fatal to the claim." 25

23 In some States the legislatures are without constitutional power to grant irrepealable or unamendable charters. This right of amendment or revocation however, may not be so exercised as to deprive the corporation of property without due process of law.

24 97 U. S. 659; 24 L. ed. 1036.

25 See also Charles River Bridge Co. v. Warren Bridge, 11 Pet. 420; 9 L. ed. 773; St. Clair County Turnpike Co. v. Illinois, 96 U. S. 63; 24 L. ed. 651; Oregon R. & Nav. Co. v. Oregonian R. Co., 130 U. S. 1 ; 9 Sup. Ct. Rep. 409; 32 L. ed. 837; Coosaw Mining Co. v. S. Carolina, 144 U. S. 550, 12 Sup. Ct. Rep. 689; 36 L. ed. 537; Knoxville Water Co. v. Knoxville, 200 U. S. 22; 26 Sup. Ct. Rep. 224; 50 L. ed. 353.

A few instances will sufficiently illustrate the strictness with which this doctrine is applied.

In a series of cases, property of corporations expressly exempted from taxation has nevertheless been held subject to taxation, where the original exemption did not unequivocally appear to be in the nature of a contract on the part of the State. Where this did not appear, the promised forbearance was held to be a mere gratuity, which might be withdrawn.26

In Knoxville Water Co. v. Knoxville27 the court held that an agreement by a municipality to give to a water company an exclusive franchise for thirty years as against "any other person or corporation," did not prevent the corporation itself establishing, under subsequent legislative authority, its own independent system of waterworks.