Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/462

 § 457.] THE LAW OF PRIVATE CORPORATIONS. [CHAP. VIII. government will rarely act in disregard of them, as it is itself part of the people to whom these notions are common. As said in the citation in the note, an act of Parliament against common equity is void, and these general notions of common equity and common right may well be called the leges legion. 1 " I must beg leave to observe," says Burke, " that it is not only the invidious branch of taxation that will be resisted, but that no other given part of legislative rights can be exercised without regard to the general opinion of those who are to be governed. That general opinion is the vehicle and organ of legislative omnipotence. Without this, it may be a theory to entertain the mind, but it is nothing in the direction of affairs. The completeness of the legislative authority of Parliament over this kingdom is not questioned ; and yet many things in- dubitably included in the abstract idea of that power, and which carry no absolute injustice in themselves, yet being con- trary to the opinions and feelings of the people, can as little be exercised as if Parliament in that case had been possessed of no right at all. I see no abstract reason that can be given, why the same power which made and repealed the High Com- mission Court and the Star Chamber, might not revive them again ; and these courts, warned by their former fate, might possibly exercise their powers with some degree of justice. But the madness would be as unquestionable as the competence of that Parliament which should attempt such things In effect to follow, not to force public inclination; to give a direction, a form, a technical dress, and a specific sanction to the general sense of the community is the true end of legisla- tion." 2 § 457. The state may also restrain the improper or illegal Right of exercise of corporate powers; 3 and when a corpora- te state to tj on f a jjg £ p er form duties which it was incorpo- restrain an r " abuse of rated to perform, and in which the public have corporate. .. ......., powers. an interest, or does acts which it is not author- or eiture. ^^ or j g f orD j c ] c i en ^ Q c | 0) £ ne s tate may forfeit its franchises and dissolve the corporation by a proceeding or in- 1 Day v. Savage, Hobart, 87. See former notes to this section. 2 Letter to the Sheriffs of Bristol on the affairs of America (1777). 442 8 For a discussion of authorities upon the right of the state to restrain ultra vires acts by injunction, see Trust Co. v. Georgia, 109 Ga. 736.