Illinois Law Review


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Vols. 6-13 include issues of the Bulletin of the Legal Aid Society of Chicago.







ILLINOIS LAW REVIEW,


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Illinois Law Review, 1916-1917, Vol. 11 (Classic Reprint)


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Excerpt from Illinois Law Review, 1916-1917, Vol. 11 The period of unlimited destructive criticism with regard to corporations may be regarded as about ended. It is time for reconstruction. The public policy of every state favors the creation of cor potations. Since this is SO it is desirable from every point Of View that they should be created and supported in such a way that they can transact their business efficiently. This is Obvious. It should also be Obvious that all penalties imposed upon corporations, for exceeding their powers or failing to comply with the necessary technicalities of the various laws which govern them, should be made to fall equitably - SO that while accomplishing the end sought they do not jeopardize the progress of general business. But under the pressure Of a vague adverse public Opinion the decisions of our courts have introduced a confusion of ideas - due to the fact that in seeking to correct certain well established evils, sweeping penalties have been held to exist, which have fallen in ways highly unjust to the public as well as to the corporations themselves; unfair weapons have been put into the hands of unscrupulous parties; the courts have been burdened with technical questions in an increasing degree; and the resulting economic waste is enor mous. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.










Illinois Law Review


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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. 1912 edition. Excerpt: ...but it seems clear that to permit an assignment of riparian rights entirely apart from the ownership of the shore W01-lid lead to disastrous results and would be objectionable as surcharging the use of the stream. It is no reason for permitting an assignment of the abstract right that the user of a lower owner might be lessened in its value by innumerable partitions of the shore by an upper pr0prietor so as to give as many new riparian rights as partitions. The latter adheres to the common law principle and practically fixes a limit to the user, while the former departs from the theory Of natural right and throws it open to anybody and everybody to use the stream. I. Uses of the Water. With that as a definition of the ten'n "riparian owner," let us proceed with the treatment of his "uses" of the water in the stream. These are two-fold. A riparian owner may draw water from the stream, or he may use the water in it without diminishing the volume. Under the first head we shall consider uses which operate to diminish or change the flow or volume that the other owners receive or are entitled to receive; under the second, uses which though they do not diminish or alter the flow or volume, yet affect the quality of the water. The latter are commonly designated, pollution. 9. Hydraulic Co. 21. Elgin, 194 Ill, 476. 10. Druley 'v. Adams, 102 Ill. 197. 11. Elliot 11. R. R. Co., IO Cush. 191; Estate of Thomas, 147 Cal, 23624I_; Gould '11. Stafford, 91 Cal. I46-I55; Amidon 1/. Harris, 113 Mass. 59. 60; W""h-'U '"-C11"/I. 68 Mich. 64-73; State v. St. Paul 6-Dululh R. Co., 81 Min"4'--'2"424: Crane 1.1. Mclllurtrie, 68 Atl. (N..), I/8/08, 892-898; Water Pow..".




Illinois Law Review


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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. 1911 edition. Excerpt: ...case, and further briefs were submitted. On April 23, I909, Mr. justice Scott delivered the second and final opinion of the court." In this opini0I1 the court took an entirely new line of reasoning, to reach the mitted that the statute was not a prohibition upon the right to contract, but a mere abridgment of that right. The court acknowledged that the conditions surrounding the wage--eamer's attempts to borrow money were such as to warrant the exercise of the police power by the legislature in regulating those conditions. The opinion further upheld the contention that the statute was not "class legislation," the statement being made that a statute which was broad enough to include all wage-earners, and which includes none but wage-eamers, is an enumeration of persons composing a class upon which the right given by the statute might be conferred without violation of the constitution. And then, having admitted each of these contentions--apparently iii order to sustain in some way the position taken by the first opinion--the court found the statute to be unconstitutional on the ground that it makes reference to salary as well as wages. Because the classification was somewhat too broad, and might apply to persons not intended to be afiected, the court held the whole act to be invalid. same conclusion as that adopted in the first opinion. It was ad_ 48. The data upon vhich the discussion of Mamie 11. Cessna is based were obtained f tl b ' f ' ' ' supreme courtirom ie rie s and opinions on file with the clerk of the 49-239 Ill. 352. In considering that basis for the decision, it is to be noted that the appellee was admittedly a wage-earner employed by the Inter Ocean Newspaper Company, at a wage of about $20.00 per week....




Illinois Law Review;


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Loyola Law Journal


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