FREE BOOKS

Author's List




PREV.   NEXT  
|<   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253  
254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   >>   >|  
idable at the option of the corporation." And further he says: "A director whose personal interests are adverse to those of the corporation has no right to act as a director. As soon as he finds he has personal interests which are in conflict with those of the company he ought to resign." T. Carl Spelling, in his treatise on "The Law of Private Corporations," says of pooling arrangements: "Courts long ago exercised jurisdiction to regulate rates of _quasi_ public corporations, and on the same principle will refuse to enforce pooling contracts between railroad and gas companies. Such contracts are void as against public policy.... There is substantial harmony between the English and American definitions of monopoly, the two countries agreeing that contracts entered into by and between two or more corporations, the necessary result of whose performance will crush and destroy competition, are illegal." Upon the subject of eminent domain Mr. Spelling remarks: "That the legislature may thus select any agency it sees fit for the exercise of eminent domain, and also that it may determine what purposes shall be deemed public, are propositions too deeply rooted in the jurisprudence of this country to admit now of doubt or discussion. Making an application of this doctrine to railway operations, conceding it to be settled that these facilities for travel and commerce are a public necessity, if the legislature, reflecting the public sentiment, decide that the general benefit is better promoted by their construction through individuals or corporations than by the State itself, it would clearly be pressing a constitutional maxim to an absurd extreme if it were to be held that the public necessity should be only provided for in the way which is least consistent with the public interest.... The power of eminent domain being an inherent element of sovereignty, it cannot be divested out of the State or abridged by contract or treaty so as to bind future legislatures. Nor can the right be divested by private contract." Concerning State control of corporations the same author says: "The subordination of all private interests to the purposes of government, subject only to the condition that the object to be accompl
PREV.   NEXT  
|<   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253  
254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   >>   >|  



Top keywords:

public

 

corporations

 

eminent

 

interests

 

contracts

 

domain

 

divested

 

pooling

 

necessity

 

purposes


legislature

 

subject

 

personal

 
corporation
 

director

 

private

 
Spelling
 
contract
 

control

 

benefit


settled

 

author

 
facilities
 

reflecting

 

sentiment

 

general

 

conceding

 

travel

 

commerce

 

decide


operations

 

condition

 

country

 

object

 

rooted

 

jurisprudence

 

accompl

 

discussion

 

doctrine

 

railway


application

 

Making

 

government

 
subordination
 

treaty

 

provided

 

deeply

 

future

 
consistent
 
sovereignty