Trustees of Phillips Exeter Academy v. Exeter

1. By the 1913 enactment (Laws 1913, c. 115) the legislature intended to repeal in its entirety the tax-exemption clause of the plaintiff’s charter, so far as it had constitutional power to do so and so far as it had not already been repealed by earlier enactment (Rev. St., c. 39, s. 2). An intent not to act in excess of power is to be found, but within the due exercise of powers, the design that the 1913 act should extend to all “institutions devoted to educational purposes, . . . incorporated within this state” (Ib., s. 1) comprehended the repeal of all special exemptions. “Prior to the…