Illinois Law Review Volume 4

Illinois Law Review Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...That Wlziting 'v. Fond du Lac County the state case claimed to be binding on the federal Supreme Court was not such a determination of any question of local law, is manifest. It is not claimed to have been that. But it is relied upon as having given a construction to the constitution of the state. Very plainly, however, such was not its character or effect. The question considered by the court was not one of construction or interpretation.... Vhat was considered was the uses for which taxation generally, taxation by any government, might be authorized, and particularly whether the construction and maintenance of a railroad, owned by a corporation, is a matter of public concern." In the Talcott case the court said: "The question before us belongs to the domain of general jurisprudence. In this class of cases this court is not bound by the judgment of the courts of the states where the cases arise." Bond issues were in these cases upheld by the Supreme Court of the United States, although declared invalid by the state courts. It may be proper to say that, notwithstanding the opinion of the federal Supreme Court in these cases, the questions at issue were local questions--questions as to the power of state legislatures under state constitutions. Yet, however weak may be the basis for the decisions referred to above, the rule has now become well established that the federal courts, in cases arising because of diverse citizenship" and involving the application of state lav, will exercise their independent judgment, and will if they think proper refuse to follow state decisions with reference to the doctrines of commercial law and general jurisprudence. In the application of this rule the federal courts have more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • United States
  • English
  • black & white illustrations
  • 1236763599
  • 9781236763594