THIS TREASURY-STOCK QUESTION.
Abstract Questions on treasury stock may be resolved into two fundamental issues, both of which concern the right of a corporation to acquire shares of its own capital stock and which, from that circumstance, are frequently presented without adequate distinction. The right of control incident to ownership is a right which civilization has made an inherent part of itself. "It is mine; I can do with it what I will." This theory applied to the funds of a corporation expresses a natural right of a corporation to acquire shares of its own capital stock. Can a corporation legally acquire shares of its own capital stock? It is understandable that the judges of the state courts during the early years of the nation, having varying degrees of legal education and historic perspective, should have decided this question yes and no. Two contiguous states, whose citizens had very similar social and ancestral backgrounds, took opposing views on this question. In both states the English principles of jurisprudence predominate.