The Principles of the Law of Private Corporations; With Leading and Illustrative Cases

The Principles of the Law of Private Corporations; With Leading and Illustrative Cases

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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. 1895 edition. Excerpt: ...With us they are created by authority of the Legislature, and not otherwise. That to establish a corporation is to enact a law; and that no power but the legislative body can do this. 2. That legislative power is vested under our Constitution, in the General Assembly, to consist of a Senate and House of Representatives, to be elected at stated periods by the citizens of the respective counties. 3. And that the General Assembly is bound to exercise the power of making laws thus conferred upon them by the people in the primordial compact, in the mode therein prescribed, and in none other; and that a law made in any other mode is unconstitutional and void. That the legislature is but the agent of their constitu-ents; and that they cannot transfer authority delegated to them to any other body, corporate or otherwise, --not even to the judiciary, a co-ordinate department of the government, unless expressly empowered by the Constitution to do so. That to do this would be to violate one of the fundamental maxims of jurisprudence as well as of political science, namely, delegata potestas non potest delegari. That to do this would not only be to disregard the constitutional inhibition which is binding upon the representative, but by shifting responsibility introduce innovations upon our system, which would result in the overthrow and ultimate destruction of our political fabric. The constitutional inquiry thus presented is an exceedingly grave one, It reaches far beyond the case made in the bill of exceptions, and extends to the whole range of topics which fall unde legislative cognizance. In the view we take however of the statiifies before us, no such proposition as that which has been discussed is presented for our adjudication. And we..show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236966031
  • 9781236966032