The Venezuelan Affair in the Light of International Law...

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1903 - 19 pages

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Page 288 - It is well settled there that to come under an implied invitation, as distinguished from a mere license, the visitor must come for a purpose connected with the business in which the occupant is engaged, or which he permits to be carried on there. There must at least be some mutuality of interest in the subject to which the visitor's business relates, although the particular thing which is the object of the visit may not be for the benefit of the occupant: Pollock on Torts, 417; Holmes v.
Page 300 - Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health, and property of the citizens, and to the preservation of good order and the public morals.
Page 257 - Government has hitherto thought it the best policy to abstain from taking up as international questions the complaints made by British subjects against foreign Governments which have failed to make good their engagements in regard to such pecuniary transactions.
Page 300 - ... and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health and property of the citizens, and to the preservation of good order and the public morals. The Legislature cannot, by any contract, divest itself of the power to provide for these objects.
Page 298 - The relation of an express messenger to the transportation company, in cases like the present one, seems to us to more nearly resemble that of an employe than that of a passenger. His position is one created by an agreement between the express company and the railroad company, adjusting the terms of a joint business — the transportation and delivery of express matter. His duties of personal control and custody of the goods and packages, if not performed by an express messenger, would have to be...
Page 265 - Law except under the following conditions: (1) Ships under a foreign flag can enter freely notwithstanding the blockade. (2) The pacific blockade must be officially declared and notified, and maintained by a sufficient force. (3) The ships of the blockaded Power which do not respect such a blockade may be sequestered. When the blockade has ceased they must be restored to their owners with their cargoes, but without indemnity on any ground.
Page 294 - ... transaction or communication between such witness and a person at the time of such examination deceased, insane or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.
Page 298 - But the hazardous character of the business of operating a railway would seem to call for special legislation with respect to railroad corporations, having for its object the protection of their employees as well as the safety of the public.
Page 298 - When legislation applies to particular bodies or associations, imposing upon them additional liabilities, it is not open to the objection that it denies to them the equal protection of the laws, if all persons brought under its influence are treated alike under the same conditions.
Page 298 - Rights and privileges arising from contracts with a State are subject to regulations for the protection of the public health, the public morals, and the public safety in the same sense and to the same extent as are all contracts and all property, whether owned by natural persons or corporations...

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