Public Agencies and Private Agencies

James D. Barnett

American Political Science Review, 1924, vol. 18, issue 1, 34-48

Abstract: Is there any fundamental distinction between so-called “public” and “private” agencies, officers, institutions, corporations, associations, persons—legal entities and quasi-entities of all sorts? It is the theory of the courts that such a distinction exists, but their attempts through a maze of decisions logically to establish a principle of distinction have been futile.Several bases of distinction have been adopted by the courts, including, first, the purpose or interest involved. “An office … seems to comprehend every charge or employment in which the public is interested.” Thus “private corporations are those which are created for the immediate benefit and advantage of individuals…. Public corporations are those which are created for public purposes.”However, it is held that the whole interest in the corporation must be public to make it a public corporation. “Public corporations are political corporations or such as are founded wholly for public purposes and the whole interest in which is in the public. The fact of the public having an interest in the works or property or the object of a corporation, does not make it a public corporation.”

Date: 1924
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.cambridge.org/core/product/identifier/ ... type/journal_article link to article abstract page (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cup:apsrev:v:18:y:1924:i:01:p:34-48_10

Access Statistics for this article

More articles in American Political Science Review from Cambridge University Press Cambridge University Press, UPH, Shaftesbury Road, Cambridge CB2 8BS UK.
Bibliographic data for series maintained by Kirk Stebbing ().