Comity

i Courtesy: deference, from good feeling or feeling of equality. Comity of nations, or between States. Expresses the basis upon which one independent sovereignty applies -within its own territory the laws of another sovereignty, in a matter as to which the latter or its citizen ' is concerned. 2 Upon this basis rest observances under extradition treaties, q. v. And some adjudications upon the estates of decedents and insolvents are respected, between the States, to the extent that reciprocity obtains. Comity obtains to permit the corporations of one State to pursue a lawful business in another State.^ Judicial comity. The respect which tribunals of independent jurisdictions entertain for the decisions of each other, in the determination of questions involving reference to extra-territorial law. The Federal courts adopt the construction given to a State's constitution or statutes by the courts of that State, whatever the opinion as to their soundness, except where the highest State court has given different constructions, and rights have been acquired imder the earlier construction; in which case they follow the latter;* except, also, in interpreting a contract between States, whether the contract is in the shape of a law or of a covenant by State agents; * and except in cases where the Constitution, a treaty, or a statute of the United States, provides otherwise.* They give a change in construction the same effect in its operation upon existing contract rights that they give to a legislative amendment — they make it prospective.' But they are not bound by decisions upon commercial law. * Where the law of a State is not settled, it is the right and the duty of the Federal courts to exercise their own judgment; as they always do in reference to the doctrines of commercial law and general jurisprudence. So, when contracts have been entered into, and rights have accrued thereon imder a particular state of the decisions, or where there has been no decision, of the State tribunals, the Federal courts claim the right to adopt their own intert)retation of the law applicable to the case, although a different interpretation may be adopted by the State courts after such rights have accrued. But even in such cases, for the ' L. comitas, urbanity: comis, friendly. ' See Story, Confl. Laws, §§ 83, 33-38. •Cowell V. Saratoga Springs Co., 100 U. S. 59 (1879); Memphis, &c.

E. Co. v. Alabama, 107 id. 581, 585 (1882), cases. • Fairfleld v. County of Gallatin, 100 U. S. 53 (1879), cases; CaroU County -u. Smith, 111 id. 563 (1884), cases. » Jefferson Branch Bank v. Skelly, 1 Black, 436 (1861); Wright «.

Nagle, 101 U. S. 793 (1879). " Gates V. Nat. Bank of Montgomery, 100 U. S. 346 (1879), cases. sake of harmony and to avoid contusion, the Federal courts will lenn to an agreement of views with the State courts if the question seems to them balanced with doubt. As, however, the object of giving to the National courts jurisdiction to administer the laws of the States in controversies between citizens of different States was to institute independent tribunals which it might be supposed would be unaffected by local prejudices, it is their duty to exercise an indepe,ndent judgment in cases not foreclosed by previous adjudication. ^