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CHAPTER.20
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Common Rights
"Common right" is right which pertains to citizen by the
common law." Million v. Metropolitan Casualty Insurance Co., 172
N. E. 569.
"Common right" comes down as a term of art from the ancient
common law, and refers to the rights that are afforded by the
common law." Coral Gables v. Christopher, 189 A. 147, 150, 109
A.L.R. 474.
"Kent says: "Corporations or bodies politic are the most usual
franchises known in our law." 3 Kent Comm. 459. It is true that the
privileges so granted by the government do not pertain to the
citizens of the state by common right. But what is the "common
right" here referred to? Is it not [common right is] a right which
pertains to the citizens by the common law, the investiture of
which is not to be looked for in any special law whether
established by the Constitution or an act of the Legislature? Coke
says: "De commun adroit--of common right--that is, by the common
law, because the common law is the best and most common birthright
that the subject hath for the safeguard and defense not only of his
goods, lands, and revenues, but of his wife and children. * * *
This common law of England is sometimes called 'right', sometimes
`common right', and sometimes `communis justitia'." Spring Valley
Waterworks v. Schottler, 62 C. 69. (Emphasis added.)
CONSTITUTIONAL RIGHT. A [common] right guaranteed to the
citizens by the Constitution and so guaranteed as to prevent
legislative interference therewith. Delaney v. Plunkett, 146 Ga.
547, 91 S. E. 561, L. R. A. 1917D 926, Ann. Cas. 1917E 685."
Black's Law Dictionary, supra, p. 385. (Insertion added.)
Unalienable Rights
"[Unalienable rights] are enumerated rights that individuals,
acting in their own behalf, cannot disregard or destroy."
McCullough v. Brown, 19 S. E. 458, 480, 23 L.R.A. 410.