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Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment
Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment Evelyn Atkinson The Journal of the Civil War Era, Volume 10, Number 1, March 2020, pp. 54-80 (Article) Published by The University of North Carolina Press For additional information about this article https://muse.jhu.edu/article/750249 Access provided at 5 Mar 2020 05:04 GMT from University of Chicago evelyn atkinson Slaves, Coolies, and Shareholders Corporations Claim the Fourteenth Amendment This article examines the little-known case In re Tiburcio Parrott (1880), in which the federal court extended Fourteenth Amendment rights to corporations for the frst time. It reveals that an analogy between Chinese immigrants and corporate share- holders was the basis for the court’s reasoning. This article explores the social and political context of the movements for Chinese exclusion and corporate regulation in 1870s California to explain this analogy, revealing that Chinese immigrants and corporations were seen as intertwined threats that challenged free white labor and threatened popular democracy. The article focuses on the dueling interpretations of “equal treatment” and “free labor” at play in this confict. It shows how arguments by corporate lawyers, who represented both corporate clients and Chinese immi- grants, and the support of sympathetic judges, lay the foundation for an expansive interpretation of the Fourteenth Amendment that eventually was endorsed by the US Supreme Court. On a drizzly day in February 1880, in an empty sandlot next to San Francisco’s city hall, Denis Kearney called for the erection of a gallows.1 An Irish immigrant who helped found the Workingmen’s Party of California, Kearney declared that “incorporated men” who “refused to discharge their Chinese help” should be “hung ‘higher than a kite.’”2 These “thieves” needed to comply with the provision of the newly enacted California constitution that prohibited any corporation from employing Chinese labor. -
Absentee Soldier Voting in Civil War Law and Politics David A
Wayne State University Wayne State University Dissertations 1-1-2014 Absentee Soldier Voting In Civil War Law And Politics David A. Collins Wayne State University, Follow this and additional works at: http://digitalcommons.wayne.edu/oa_dissertations Part of the History Commons, Law Commons, and the Political Science Commons Recommended Citation Collins, David A., "Absentee Soldier Voting In Civil War Law And Politics" (2014). Wayne State University Dissertations. Paper 1043. This Open Access Dissertation is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. ABSENTEE SOLDIER VOTING IN CIVIL WAR LAW AND POLITICS by DAVID A. COLLINS Submitted to the Graduate School of Wayne State University, Detroit, Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY 2014 MAJOR: HISTORY Approved by: _________________________________ Advisor Date _________________________________ _________________________________ _________________________________ © COPYRIGHT BY DAVID A. COLLINS 2014 All Rights Reserved ACKNOWLEDGMENTS As my dissertation committee and fellow graduate students are well aware, this project has been in the works for a long time. I appreciate everyone’s patience. Special thanks go to Marc Kruman, my advisor and friend, for encouraging me several years ago to take up this subject. His guidance on the architecture of the dissertation and his editorial eye have been invaluable. Sandra VanBurkleo, another friend and the most patient editor I have ever known, did the immense service of insisting that I liberate the subject from the confines of formal law. Virginia Thomas and Jan Bissett of the Arthur Neef Law Library at Wayne State University gave me generous research support and encouragement, for which I am deeply indebted. -
Download the Book in Acrobat PDF Format
Gangs of America _______________________________ The Rise of Corporate Power and the Disabling of Democracy T e d N a c e Gangs of America The Rise of Corporate Power and the Disabling of Democracy Draft – May 2003 copyright 2003 by Ted Nace 1170 Oxford St. Berkeley, CA 94707 510-527-6363 [email protected] Acknowledgements This book owes its existence to a computer made by Toshiba Corpora- tion, software from Microsoft Corporation, electricity supplied by Pa- cific Gas & Electric Corporation, and coffee roasted by Peet’s Incorporated. “… the modern corporation as an institution is entitled to much more respect than it has frequently received. The dangers inherent in its use are also great enough to require serious attention. The possibilities of its continued development are, so far as one can see, unlimited. It is, in fact, an institution at a cross road in history, capable of becoming one of the master tools of society—capable also of surprising abuse; worthy of the attention of the community as well as of scholars.” Adolph Berle, Jr. The Twentieth Century Capitalist Revolution c o n t e n t s INTRODUCTION..........................................8 o n e HOW DID CORPORATIONS GET SO MUCH POWER? In which the author reads a poll, feels provoked and befuddled, and organizes his investigation ...........19 t w o FROM STREET FIGHTS TO EMPIRE The British roots of the American corporation (1267−1773) .....................................................28 t h r e e THE ULTIMATE REALITY SHOW The brutal history of the Virginia Colony, a “prison -
Western Legal History
WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 9, NUMBER 2 SUMMER/FALL 1996 Western Legal History is published semi-annually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (818) 795-0266. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts-particularly the federal courts-in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the Society as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100- $249; Advocate, $50-$99; Subscribing (non-members of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49; Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please write or telephone the editor. POSTMASTER: Please send change of address to: Editor Western Legal History 125 S. Grand Avenue Pasadena, California 91105 Western Legal History disclaims responsibility for statements made by authors and for accuracy of footnotes. Copyright, 01996, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. -
Four California Railroad Lawyers in the Classical Era
Four California Railroad Lawyers in the Classical Era for Professor Robert W. Gordon History of American Law Spring 1994 Daniel W. Levy 39-09 Grant Stre Fair Lawn, NJ 07410 Tel: 201-796-8753 I. INTRODUCTION Then, faint and prolonged, across the levels of the ranch, he heard the engine whi~tling for Bonneville. Again and again, at rapid intervals in its flying course, it whistled for road crossings, for sharp curves, for trestles; ominous notes, hoarse, bellowing, ringing with the accents of menace and defiance; and abruptly Presley saw again, in his imagination, the galloping monster, the terror of steel and steam, with its single eye, c ean, red, shooting from horizon to horizon; but saw it now these mbol of a vast power, huge, terrible, flinging the echo of its t un er over all the reaches of the valley, leaving blood and destruction in its path; the leviathan, with tentacles of steel clutching into the soil, the soulless Force, the iron-hearted Power, the monster, the Colossus, the Octopus.l Frank Norris' 1901 novel recounts the story of relations between a group of squatters misled into believing that they would be sold land by the railroad for a low advertised price and the corporate directors. The settlers worked to make the land productive, and to locate sources of water. Eventually, the railroad ejected the squatters, but not before a showdown, and the death of five settlers and two federal marshals. The massacre at Mussel Slough in 1870 occurred at a moment w.h.en I popular antipathy towards railroads began to intensify.2 The incident is a~ a perfect example of a episode translated into a legal conflict that only inadequately captures the reality of the social conflict, and certainly contributes at most negligibly to its resolution. -
CSCHS News Spring/Summer 2014
California Supreme Court Historical Society newsletter · s p r i n g / summer 2014 A Life in The LAw The Longest-Serving Justice Highlights from a New Biography of Justice Stanley Mosk By Jacqueline R. Braitman and Gerald F. Uelmen* undreds of mourners came to Los Angeles’ future allies. With rare exceptions, Mosk maintained majestic Wilshire Boulevard Temple in June of cordial relations with political opponents throughout H2001. The massive, Byzantine-style structure his lengthy career. and its hundred-foot-wide dome tower over the bustling On one of his final days in office, Olson called Mosk mid-city corridor leading to the downtown hub of finan- into his office and told him to prepare commissions to cial and corporate skyscrapers. Built in 1929, the historic appoint Harold Jeffries, Harold Landreth, and Dwight synagogue symbolizes the burgeoning pre–Depression Stephenson to the Superior Court, and Eugene Fay and prominence and wealth of the region’s Mosk himself to the Municipal Court. Jewish Reform congregants, includ- Mosk thanked the governor profusely. ing Hollywood moguls and business The commissions were prepared and leaders. Filing into the rows of seats in the governor signed them, but by then the cavernous sanctuary were two gen- it was too late to file them. The secre- erations of movers and shakers of post- tary of state’s office was closed, so Mosk World War II California politics, who locked the commissions in his desk and helped to shape the course of history. went home, intending to file them early Sitting among less recognizable faces the next morning. -
E Supreme Courtof California
e The Supreme Court of California of Court Supreme The Supreme Court California of • Seventh Edition Seventh ( Updated 2019) Updated Supreme Court California of Seventh Edition 350 McAllister Street, San Francisco, California 94102-4797 (Updated 2019) www.courts.ca.gov/supremecourt.htm Containing the Internal Operating Practices and Procedures of the California Supreme Court The Supreme Court of California Seventh Edition (Updated 2019) Containing the Internal Operating Practices and Procedures of the California Supreme Court Acknowledgments This booklet concerning the court’s history and operations initially was published in 1985. It has been revised periodically (in 1986, 1990, and 1995), and its current title, The Supreme Court of California, was adopted with the fifth edition. Minor changes were made in the sixth edition. Substantial historical and archival material was added in the fifth edition and remains in the current edition. For this material, special thanks and credit are due to Jake Dear, who guided the entire revision project, inspired the section on history, and supplied invaluable archival detail. Edward W. Jessen and Edith V. Lavin provided research, organization, and drafting, and Thomas R. Reynolds made expert revisions. Suzanne Bean designed the booklet. The seventh edition reflects changes in the court’s composition, provides updated information and photographs, and includes the current version of the Internal Operating Practices and Procedures of the California Supreme Court. Christine Miklas and Sheila Ng handled production editing and graphic production. Jorge Navarrete managed the administrative and business details of printing. Finally, the deft touch of Jake Dear and the guidance of the Office of Communications are deeply appreciated. -
The Justices
✯ CH. 2: A HISTORY OF THE CALIFORNIA SUPREME COURT, 1850–1879 307 Chapter 2 THE JUSTICES The Three-Man Court nder provisions of the third section of the article on the judiciary, the U first Legislature elected Serranus C. Hastings, Henry A. Lyons, and Nathaniel Bennett the first three justices of the Supreme Court by a joint vote of both houses.1 They were sworn into office in January 1850, and on February 1 the Legislature classified them so that Hastings was to serve two years and become chief justice, while Lyons and Ben- nett, as associate justices, were to have four- and six-year terms, respectively.2 In March 1851 the Legislature pro- vided for the election of future justices by having one jus- tice elected that year and one at the general election every second year thereafter. The same section also stated that after the first election of a justice, the senior justice in point of service would become the chief justice.3 The next Serr anus C. section provided for the filling of a vacancy on the Court Hastings 1 California. Legislature, Senate and Assembly. Journals (1849–50), 53–54. 2 Cal. Stats. (1850), 462. 3 Cal. Stats. (1851), chap. 1, § 3. 308 CALIFORNIA LEGAL HISTORY ✯ VOLUME 14, 2019 by gubernatorial appointment, such appointment lasting until the election and qualification of a successor elected at the first general election after the vacancy occurred.4 The office of Supreme Court justice drew the atten- tion of men with quite diverse backgrounds and interests. In the earliest years of statehood many of the justices, to- gether with many of the leaders in the other two branch- Henry A.