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Nearly three hours of precious public time had been wasted over this wretched business, and at last, for the third or fourth time, the debate was resumed on the second reading of the Employers' Liability Bill. An amendment of Mr. Chamberlain's had been the obstacle which stood in the way of the Bill all this time. After the debate had gone on for hours, Mr.
When Edward I. desired for purposes of his own to emphasize the unlimited liability of political representatives, and insisted that they should have "full and sufficient power to do what of common council shall be ordained," he probably never realized that a body having power to bind the shires and towns was a formidable institution, or that the trembling hostages would become in time haughty plenipotentiaries.
Before giving the essential features of that system, it may be well to state in its simplest form the evils at which the reform aims. An election, the reformers point out, is not the simple matter it appears to be at the first blush. Methods of voting can be manipulated in various ways, and nearly every method has its own liability to falsification.
As Douglas subsequently contended with much force, the number of votes cast in excess of the census returns did not in itself prove wholesale fraud. Under such liability to deception and misjudgment, the territorial authorities held the election which was likely to determine the status of Kansas with respect to slavery.
But a more exact scrutiny of the early books will show that liability in general, then as later, was founded on the opinion of the tribunal that the defendant ought to have acted otherwise, or, in other words, that he was to blame. When he cut the thorns, he did an act which obviously and necessarily would have that consequence, and he must be taken to have foreseen and not to have prevented it.
His present total liability lay in the dog beyond the wall, so the arab wasn't so badly fixed, after all. Besides, he owned property. It consisted of a bullfrog which he carried in his mouth, with its legs and web feet protruding in wriggly, but unavailing, protest. To breathe the better, the street cat dropped his frog and set one mangy paw upon it; then, suddenly, he spied the Persian.
XIX But when the pleading appears to require some translation, or to need any alteration, either because he is not pleading who ought to do so, or he is not pleading with the man he ought, or before the men whom he ought to have for hearers, or in accordance with the proper law, or under liability to the proper punishment, or in reference to the proper accusation, or at the proper time, it is then called a transferable statement of the case.
They are innocent when spoken in solitude, and are only a ground of liability when certain concomitant circumstances are shown. The intent which is meant when spoken of as an element of legal liability is an intent directed toward the harm complained of, or at least toward harm.
So parol evidence would be admissible, no doubt, to enlarge or diminish the extent of the liability assumed for nonperformance, where it would be inadmissible to affect the scope of the promise. But these concessions do not affect the view here taken. As the relation of contractor and contractee is voluntary, the consequences attaching to the relation must be voluntary.
My own views of the national liability upon this subject were expressed in the note of the Secretary of State to Mr. Calderon of the 13th November, 1851, and I do not understand that Her Catholic Majesty's minister controverts the correctness of the position there taken.
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