The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-10
The Nicaragua Transit Company.
srPRxMK coURr-0ESERAL TERM.


Before Hoo Judges Mitchell, Clerke and Peabody.
Nov. s-y-rraiah G. Hamilton rs The Accessory Tran
III Company aad oAers-This up appeal
from the decision OF Judge Clerke some months
ago al Special Term The following is a summary of the
points submitted by Mr. Field on the part o. the PLAIN
tiff
Frst-he finding of the Court that the decree of dis
solution the act OF the de acto government of Mica
rsgus, not being objected TO by either plaintiff defen
dans, must be regarded tna far action
concerned,
seconaIhc eec, Of this of the government of Nj
caragua TO dissolve the corporation. The power
which makes can unmake corporations The government
OF Nicaragua created the corporation and could terni
nae us existence AZ pleasure TINS is the doctrine oil all
governments Every State is III theory, omnpoent its
own dominons
ThirdA corporation which derives its power from Nj
caragua cannot exist elsewhere when its existence in Nj
caragua y terminated. Its vitality gone everywhere
when II dies in the place OF lis creation.
fourth-No question this Court respecting
the validity Of the decree OF dissolution That question
included III the that the decree the act OF the
vernmcnt An invalid or unconstitutional decree
be the act Of the government not an act at all il is
attempted act null in reality. The issue raised by the
pesngs was whether the dcoree was made by the go
OF Nicaragua The finding OF that issue in favor
of the plaintiff left question respecting the validity OF
the decree. IT. upon this finding, ii open ques
ton whether the decree constitutional the question of
Constiiutonalty which cannot be raised here.
Constitutional questions pertain to the government where
they arise, and cannot be investigated by the Of
another government An English court cannot inquire
into the nationality Of act Of Congress- whether
twothrds of the Senate These domestic questions
The authorization PRONUNCIATION by the authority
which has communications with foreign governments is
the only Authorization which foreign government
qucs receive, This Court inquire whether
the decree was made upon just sufficient
whetner the provisional government was constitutional
or dcspotc. civil or military II is enough if the
government actually exercising for the time being
sovereign power Nicaragua. The decree question
purports on its face to be the act of the supreme
provisional government Of Nicaragua 1t was
deposited ID the archives OF the state, as
law OF the land promulgated
solemn form authoritative act and it has been
Ted into effect without opposition from any portion the
people of Nicaragua II these the incd of
act OF sovereign power Is difficult 10 understand what
constitution Of the United States, of this State, had
been doped by the people except by its being actually
received as an existing constitutions The present const
tuition Of this State framed in violation of the prov
of the former constitution Its sole authority is the
consent OF the people It would be improper therefore
for the Court TO look further than to whether the
supreme provisional government from which the decree
proceeded the government either de jure de nco
OF the republic. Tha; this supreme provisional govern
ment was the government de fdcto not Dc 3ure is con
cusvey established by the recognition of the President
OF the United states and no court in this country
ton that recognition It's consequences. II pro-
per TO consider whether the supreme provisional govern
ment subject to written constitution it is clear upon
The evidence that was not Its title As supreme provi
sonal government implies that Is regular
tonal government The titles OF its officers not
known TO the Its mode of purely
military, whereas that promised by the
civil All the forms OF the constitution suspended,
and the acton of the tribunals superseded The election
OF executive of president, Of a director,
provided by the constitution. The OF election
by direct vote Of the people instead of untas and
deputies II proved beyond controversy that the gov
ernment did act profess TO act in subordnon to
the constitution The treaty which rise to the pro-
visiona government implied that the constitution
in force. The 10 respect articles OF
the constitution would not have been made If there
obligation TO respect all The engagement to respect
particular articles Of the constitution compact be
tween two generals binding upon them good faith but
If the government established did choose to respect
them that did not render their acts void in the view "
foreign court long the people Of Nicaragua consent
ed to the acts government created under constu-
ton and which usure the in despite Of IT, is
70 be regarded a. lawful government when recognized
by ours, and much more provisional government
be treated WHOM IL acts merely contrary 10 what
promised when ii took power, The breaking after
election OF promises made before IL Is with
politicians. II would BE- that the decree OF dssou
ton not contrary the articles referred the
treaty, If the Court had the right TO enter upon
che which reces fully justify It's conclusions
Fth-l follows, therefore, from the decree, that the
company dissolved, anu all the consequences of dis
solution must follow The plaintiff is entitled 10 bis pro
perry, and the defendants have no right TO it.
SiNth-whether the other stockholders wish the
pany wound up not IL 81 no legal Importance If the
corporation exists longer the plaintiff Is tenant in
common and his co,enants have all the property. lie is
entitled TO his share OF il, whether they wish IT
seventh The company has Tor any cause been dis
solved the Court Interfere that the property be
among the sookholders II would be against all prcce
dent and most dangerous to leave property IN
the hands OF persons who are using In contempt Of the
authority TO which they their incorporation The
plaintiff has rights, which the Court must enforce.
Eghh.-Nor II Of any importance whether the charter
likely be restored. The company beng dis.
solved cannot be revived without the Of all the
s,ockhOldersor, other words, the plaintiff cannot be
compelled TO enter into company without his con
sent
hnthThc judgment erroneous in all the particulars
mentioned Ia the notice Of appeal.
Tcuth.-Thc judgment should BE- reversed, and Judg.
rendSyd declaring the corporation dissolved and
appointing to Wind up. for Il Is only upon
winding w that the pian'ir rights can be ascer-
tanned.
Mr II = Clark heard IN opposition, and the case
stands adjourned.