Nor does any banking corporation
allow a majority to impose taxes upon the members for the
payment of the corporate expenses, except in such proportions as
every member has consented that they may be imposed. All these
questions, involving the rights of the members as against each
other, are fixed by the articles of the association, that is, by
the agreement to which every member has personally assented.
What is also specially to be noticed, and what constitutes a
vital difference between the banking corporation and the
political corporation, or government, is, that in case of
controversy among the members of the banking corporation, as to
the rights of any member, the question is determined, not by any
number, either majority, or minority, of the corporation itself,
but by persons out of the corporation; by twelve men acting as
jurors, or by other tribunals of justice, of which no member of
the corporation is allowed to be a part. But in the case of the
political corporation, controversies among the parties to it, as
to the rights of individual members, must of necessity be settled
by members of the corporation itself, because there are no
persons out of the corporation to whom the question can be
referred.
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