Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Fauntleroy v. Lum — Dissent

If the cause of action was open for inquiry for the purpose of deciding whether the Missouri court had jurisdiction to render a judgment entitled to be enforced in another state, the arbitration is of no consequence. The violation of law in Mississippi could not be cured by seeking to arbitrate in that state in order to fix the sum of the fruits of the illegal acts. The ancient maxims that something cannot be made out of nothing, and that which is void for reasons of public policy cannot be made valid by confirmation or acquiescence, seem to my mind decisive.
Source: Wikisource

Oliver Wendell Holmes, Jr. Fauntleroy v. Lum — Dissent

The due faith and credit clause it is now decided means that residents of a state may, within such state, do acts which are violative of public policy, and yet that a judgment may be rendered in another state giving effect to such transactions, which judgment it becomes the duty of the state whose laws have been set at defiance to enforce. It must follow, if one state, by the mere form of a judgment, has this power, that no state has in effect the authority to make police regulations
Source: Wikisource

Oliver Wendell Holmes, Jr. Fauntleroy v. Lum — Dissent

It may not be denied that a state which has lawfully prohibited the enforcement of a particular character of transaction, and made the same criminal, has an interest in seeing that its laws are enforced and will be subjected to the gravest humiliation if it be compelled to give effect to acts done within its borders which are in violation of its valid police or criminal laws.
Source: Wikisource

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