Fisk v. Jefferson Police Jury,
116 U.S. 131 (1885)

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U.S. Supreme Court

Fisk v. Jefferson Police Jury, 116 U.S. 131 (1885)

Fisk v. Jefferson Police Jury

Submitted November 18, 1885

Decided December 21, 1885

116 U.S. 131


Where a law attaches a fixed compensation to a public office during the whole term of service of a person legally filling the office and performing the duties thereof, a perfect implied obligation arises to pay for the services at the

Page 116 U. S. 132

fixed rate, to be enforced by the remedies which the laws then give, and a change in the state constitution which takes away then existing powers of taxation so as to deprive the officer of the means of collecting his compensation is within the prohibitory clause in the Constitution forbidding the passage of state laws impairing the obligation of contracts.

The prohibition of the Constitution against state laws impairing the obligation of contracts applies to implied as well as to express contracts.

The facts which make the case are stated in the opinion of the Court.

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