Oliver Wendell Holmes, Jr.

“ The power of Congress hardly is denied. The constitutionality of the statute as against corporations is established (New York C. & H. R. R. Co. v. United States, 212 U.S. 481, 492, 53 L. ed. 613, 621, 29 Sup. Ct. Rep. 304) , and no reason is suggested why Congress has not equal power to charge the partnership assets with a liability, and to personify the company so far as to collect a fine by a proceeding against it by the company name. That is what we believe that Congress intended to do. ”

“ Without following the defendant into the niceties by which it seeks to escape the jurisdiction of this court after having eluded that of the court below, it is enough to say that in our opinion, if we are to go behind the entry, the decision entered was one setting aside the indictment, and was based upon the construction of the statute upon which the indictment is founded, within the meaning of the act of March 2, 1907.
We turn to the merits. ”

“ It is to be observed that the structure of the company under the laws of New York is such that a judgment against it binds only the joint property, (National Bank v. Van Derwerker, 74 N. Y. 234) , and that it has other characteristics of separate being (Westcott v. Fargo, 61 N. Y. 542, 19 Am. Rep. 300; Re Jones, 172 N. Y. 575, 60 L.R.A. 476, 65 N. E. 570; Hibbs v. Brown, 190 N. Y. 167, 82 N. E. 1108) . ”