The Western Reserve Law Journal, Volum 1

faculty and students of the Franklin T. Backus Law School of the Western Reserve University, 1900

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Side 73 - The Governor and Judges, or a majority of them, shall adopt and publish in the District, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the District, and report them to Congress, from time to time : which laws shall be in force in the District until the organization of the General Assembly therein, unless disapproved of by Congress ; but afterwards the Legislature shall have authority to alter them as they shall think fit.
Side 73 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Side 73 - Parliament made in Aid of the Common Law prior to the fourth year of the Reign of King James the first, and which are of a General Nature and not local to that Kingdom...
Side 73 - It is hereby ordained and declared by the authority aforesaid that the following articles shall be considered as articles of compact, between the original states and the people and states in the said territory, and for ever remain unalterable; unless by common consent, to wit: — Art.
Side 107 - And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.
Side 22 - But passing beyond the matter of authorities, the question is essentially one of general law. It does not depend upon any statute ; it does not spring from any local usage or custom ; there is in it no rule of property, but it rests upon those considerations of right and justice which have been gathered into the great body of the rules and principles known as the "common law.
Side 107 - In any case in which the constitutionality of any law of the United States or the validity or construction of any treaty made under its authority Is drawn in question ; and in any case In which the constitution or law of a State Is claimed to be in contravention of the Constitution of the United States.
Side 73 - England so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.
Side 7 - When a corporation becomes insolvent, it is so far civilly dead that its property may be administered as a trust fund for the benefit of its stockholders and creditors. A court of equity, at the instance of the proper parties, will then make those funds trust funds, which, in other circumstances, are as much the absolute property of the corporation as any man's property is his.
Side 5 - The capital stock of a moneyed corporation is a fund for the payment of its debts. It is a trust fund, of which the directors are the trustees. It is a trust to be managed for the benefit of its shareholders during its life, and for the benefit of its creditors in the event of its dissolution. This duty is a sacred one, and cannot be disregarded. Its violation will not be undertaken by any justminded man, and will not be permitted by the courts.

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