Public Agencies and Private Agencies

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.”