1818: The Year of Advance
In a similar burst of speed, the suit of the Dartmouth College trustees was taken by consent on an agreed statement of facts to the highest state tribunal for decision on "the naked question of ...constitutionality."1 The result was a vigorous disquisition by Chief Justice William Merchant Richardson on the judicial process. ("For if a private right be thus infringed to-day, and that infringement be sanctioned by a judicial decision to-morrow, there will be next day a precedent for the violation of the rights of every man in the community."2) The Chief Justice also kept in mind that it was a constitution he was expounding: "[S]itting here as judges, we have nothing to do with the policy or expediency of the acts of the legislature."3
His opening premises established, Richardson addressed himself to the nature of corporate organization, emphasizing the associational element and proposing a new and creative analysis on the basis of the property rights involved. This, he suggested, would produce division into essentially private corporations, such as____________________
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Book title: Justice Joseph Story and the Rise of the Supreme Court. Contributors: Gerald T. Dunne - Author. Publisher: Simon & Schuster. Place of publication: New York. Publication year: 1971. Page number: 165.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.