Waring v. Catawba Co., 2 Bay (So. Car.), 109 Warren v. Davenport Insurance Co., 31 Iowa, 464 Weckler v. First National Bank, 42 Md., 581. Weidinger v. Spruance, 101 Ill., 278 Weightman v. Washington, 1 Black (U. S.), 39 Weimer v. Burebury, 30 Mich., 201. 183, 186 277 123 146 170 343 256 147 156 Welton v. Missouri, 91 U. S., 275 West End, etc. R. R. Co. v. Atlantic, etc. Co., 49 Ga., 151 Western Assurance Co. v. Halliday, 110 Fed., 289; 127 Fed., 830, L. R., 9 Ex., 218 90 275, 276 Western Union Telegraph Co. v. Call Publishing Co., 181 West Virginia v. Laing, 133 Fed., 1887 E. Rep., 591 89, 96 205 65, 104 237 279 144 409, 410, 435, 454 Weymouth v. Washington, G. & A. R. R., 1 McAr. (D. C.), Wheaton v. Peters, 8 Peters, 591, 659 Wheeler v. Northern Colorado Irrigation Co., 10 Col., 582. . 159 Whisky Trust Case (Olmstead v. Distilling and Cattle Feeding Whittenton Mills v. Upton, 10 Gray, 582 Whitwell v. Continental Tobacco Co., 125 Fed., 454 Wild v. Milne, 26 Beav., 504 Wilkins v. Thorne, 62 Md., 253 Wilkins & Rollins v. Pearce, 5 Denio, 541 Williams' Case, 1 Whart. Conn. Law., 167 Williams v. Creswell, 51 Miss., 817 v. Eggleston, 170 U. S., 304 v. Kirtland, 13 Wall., 306 v. Mississippi, 170 U. S., 213 v. Mutual Gas Co., 52 Mich., 499; 50 Am. Rep., 266, 159, 298 v. Nall, 55 S. W. Rep. (Ky.), 706 186 56 197, 462 146 Willson v. Black Bird Creek Marsh Co., 2 Pet., 245 Wilmington City Ry. Co. v. People's Ry. Co., 47 Atl. Rep. (Del.), 245 (1900) v. Wilmington, etc. Ry. Co., 46 Atl. Rep. (Del.) 2 (1900) Wilson, Ex parte, 114 U. S., 417. Wilson v. Curtis, 35 Conn., 374 — v. Tesson, 12 Ind., 285 Winn v. Wabash R. R., 118 Fed., 55 Winona & St. P. R. R. v. County, 3 Dak., I v. Blake, 94 U. S., 180. Wolff v. New Orleans, 103 U. S., 358 Womack v. Dearman, 7 Port. (Ala.), 516 299 286 452 281 59 147 147 399 205 147 468 Woodstock Iron Co. v. R. & D. Extension Co., 129 U. S., 643 Worrall's Case, 2 Dall., 297 Wright v. Henkel, 190 U. S., 40 v. Lee (S. Dak. 1892), 51 N. W. Rep., 706 94 175 Yates v. People, 207 Ill., 316 Yeaton v. Bank of Old Dominion, 21 Gratt., 393 Page 147 124, 147 60, 118, 196, 237, 347 466 78, 111 Zabriskie v. R. R., 18 N. J. Eq., 178 Zimmerman v. Perkiomen & R. Turnpike Co., 811 Pa. St., 96, 146 THE POWER TO REGULATE CORPORATIONS AND COMMERCE CHAPTER I HISTORICAL INTRODUCTION. THE UNWRITTEN CONSTITUTION 1. THE POWERS OF POLITICAL CORPORATIONS. THE MUNICIPALITY. It is generally believed that the direct relation between each individual, natural or corporate, and the nation is dangerous to liberty. This is an error which has had serious results for American law, and is based upon the failure to see that the national powers are exercised for the protection of individual rights and that they are exercised without sacrifice of any of the political rights reserved to the people. These rights are comprehended in the term "self-government." A definition of them must rest upon the extent of this power inherent in the people at the time of the establishment of the nation. They have now what they had then unless they granted it either to the nation or to some other government. First we must see what powers were inherent in those who established the government of the United States and what was the purpose of its establishment. Once the nature of local self-government is determined, there can be decided upon that basis whether a certain function belongs to the city, the State, or the nation. The Constitution of the United States was adopted by a people who had fought to gain for themselves the liberties and institutions of the Anglo-Saxon race. Before any conclusive discussion can be had of the relation of the people to the government in the United States, an account must be taken of the extent of powers possessed, granted, and reserved by the people. For this purpose an examination of the development of popular government in England is indispensable. It will be found that far from there being a conflict between a strong national government, with power adequate to its purposes, and popular liberty, that the one cannot exist without the other, that the exercise of original political power by the people depends upon and has for its result strong national life and a comprehensive body of national law. 82. 2. THE POLITICAL CORPORATION AS THE CONSTITUENT ELEMENT OF THE NATION.- It is not difficult to establish that the life of the Anglo-Saxon race has centered about the rock of ages of the local community. The comitatus was the nation of the earliest times, and it was that day's expression of the local life. It became the jury and the countryside in England. The Conqueror used it for the purposes of the privy purse only to give body to the spirit of the countryside in the underlord's community. The underlord, in turn, developed it for his profit, but saw the instrument outgrow his hand, and then the king adopted it as the principle of the nation, to find little by little that it was the nation, as in Rome the "cité," that gave the local communities of the earth to its underlords only to receive these communities as themselves the State. The origin of all was the Germanic comitatus. |