Horace Harmon Lurton

Name: Vilas v. Manila — Opinion of the Court
Author: Horace Harmon Lurton

Summary

“Vilas v. Manila — Opinion of the Court”, is a work by Horace Harmon Lurton. It explores elements such as the United States, corporation and municipality.

Quotes from Vilas v. Manila — Opinion of the Court (Horace Harmon Lurton)

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ There is not the slightest suggestion that the new corporation shall not succeed to the contracts and obligations of the old corporation. Laying out of view any question of the constitutional guaranty against impairment of the obligation of contracts, there is, in the absence of express legislative declaration of a contrary purpose, no reason for supposing that the reincorporation of an old municipality is intended to permit an escape from the obligations of the old, to whose property and rights it has succeeded. ”

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Source: Wikisource

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ By the cession, public property passes from one government to the other, but private property remains as before, and with it those municipal laws which are designed to secure its peaceful use and enjoyment. ”

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Source: Wikisource

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ To pay judgments upon such debts it was the duty of the ayuntamiento of Manila, which was the corporate name of the old city, to make provision in its budget.
The contention that the liability of the city upon such obligations was destroyed by a mere change of sovereignty is obviously one which is without a shadow of moral force, and, if true, must result from settled principles of rigid law. While the contracts from which the claims in suit resulted were in progress, war between the United States and Spain ensued. ”

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Source: Wikisource

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ So complete is the supposed death and annihilation of a municipal entity by extinction of sovereignty of the creating state that it was said in one of the opinions below that all of the public property of Manila passed to the United States, 'for a consideration, which was paid,' and that the United States was therefore justified in creating an absolutely new municipality, and endowing it with all of the assets of the defunct city, free from any obligation to the creditors of that city. ”

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Source: Wikisource

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ But the qualifying words touching property rights relinquished by Spain limit the relinquishment to 'property which, in conformity with law, belonging to the public domain, and as such belong to the Crown of Spain.' It did not affect property which did not, in 'conformity with law, belong to the Crown of Spain.' That it was not intended to apply to property which, 'in conformity with law,' belonged to the city of Manila as a municipal corporation, is clear. ”

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Source: Wikisource

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ They exercise powers which are governmental and powers which are of a private or business character. In the one character a municipal corporation is a governmental subdivision, and for that purpose exercises by delegation a part of the sovereignty of the state. ”

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Source: Wikisource

Horace Harmon Lurton, Vilas v. Manila — Opinion of the Court

“ Taxes were assessed and taxes collected and expended for local purposes, and many of the officials carrying on the government were those found in office when the city was occupied. The continuity of the corporate city was not inconsistent with military occupation or the constitution or institutions of the occupying power. ”

Horace Harmon Lurton

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Quotes from Vilas v. Manila — Opinion of the Court (Horace Harmon Lurton)

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