The Northwestern Reporter Volume 142 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...vast number of important public offices, unrestrained by those principles of natural justice which characterize the common law, --a power which might be used to build up a personal following from the utter dependence of the Individuals upon the discretion of the head--is of immeasurable importance. The proposition, as stated, might be further narrowed without sacrificing any of its essentials, and might be greatly expanded so as to develop many important details. To take the latter course, and discuss each of such details at length, would extend this opinion to a very great length without, perhaps, any corresponding added dignity or element of demonstrated truth as to the result However, the discussion will, unavoidably, extend to considerable detail, though attempting to tie as closely as practicable to the real gist of the matter as indicated In the proposition, stated. Notwithstanding expressions here and there which would give rise to doubt if one were not grounded in the real philosophy of the law, courts, in general, hold and this court has held, as we shall see in the course of this opinion, that neither any personal nor property right, in the broad sense of those terms, not even a status, or anything which can be the subject of rightful, private possession to enjoy, valuable in a pecuniary sense, or in promoting any fundamental right, --except in case of a mere granted privilege, subject to be recalled by the terms of its acquirement, --can be taken from its possessor, against his will, without the due process of law of the Constitution, --a proceeding, judicial in character, characterized by the common-law safeguards against injustice, unless some other procedure is provided by the writteu law. Why does that not apply to the right to hold and enjoy an