The word rights is generic, common, embracing whatever may be lawfully claimed.[1]
It is interesting to observe, also, that a tendency toward discrimination may be found in a number of important constitutional and statutory provisions. Just how accurate the distinctions in the mind of the draftsman may have been it is, of course, impossible to say.[2]
Recognizing, as we must, the very broad and indiscriminate use of the term, "right," what clue do we find, in ordinary legal discourse, toward limiting the word in question to a definite and appropriate meaning. That clue lies in the correlative "duty," for it is certain that even those who use the word and the conception "right" in the broadest possible way are accustomed to thinking of "duty" as the invariable correlative. As said in Lake Shore & M. S. R. Co. v. Kurtz:[3]
- ↑ See also, for similar judicial observations, Atchison & Neb. R. Co. v. Baty (1877), 6 Neb., 37, 40. (The term right in civil society is defined to mean that which a man is entitled to have, or to do, or to receive from others within the limits prescribed by law.") ; San Francisco v. S. V. Water Co. ( ), 48 Cal., 531 ("We are to ascertain the rights, privileges, powers, duties and obligations of the Spring Valley Water Co., by reference to the general law.").Compare also Gilbert, Evid. (4th ed., 1777), 126: "The men of one county, city, hundred, town, corporation, or parish are evidence in relation to the rights privileges, immunities and affairs of such town, city, etc."
- ↑ 30 See Kearns v. Cordwainers' Co. (1859), 6 C. B. N. S., 388, 409 (construing The Thames Conservancy Act, 1857, 20 and 21 Vict. c. cxlvii., s. 179: "None of the powers by this act conferred * * * shall extend to, take away, alter or abridge any right, claim, privilege, franchise, exemption, or immunity to which any owners * * * of any lands * * * are now by law entitled."); Fearon v. Mitchell (1872), L. R. 7 Q. B., 690, 695 ("The other question remains to be disposed of, as to whether the case comes within the proviso of s. 50 of 21 and 22 Vict. c. 98, that 'no market shall be established in pursuance of this section so as to interfere with any rights, powers, or privileges enjoyed within the district by any person without his consent.'"); Cal. Civ. Code, sec. 648a: "Building and loan associations may be formed under this title with or without guarantee or other capital stock, with all the rights, powers, and privileges, and subject to all the restrictions and liabilities set forth in this title.") ; Tenn. Const. of 1834, Art. 9, sec. 7: "The legislature shall have no power to pass any law granting to any individual or individuals, rights, privileges and immunities or exemptions, other than * * *").
- ↑ (1894) 10 Ind. App., 60; 37 N. E., 303, 304.
