The Railways and the Republic

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Harper & brothers, 1886 - 489 sider
 

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Side 353 - ... a greater sum than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on the road of either of them in the same direction.
Side 118 - The right of eminent domain does not however imply a right in the sovereign power to take the property of one citizen and transfer it to another, even for a full compensation, where the public interest will be in no way promoted by such transfer.
Side 236 - The clear tendency of such an agreement is to establish a monopoly, and to destroy competition in trade, and for that reason, on grounds of public policy, courts will not aid in its enforcement. It is no answer to say that competition in the salt trade was not in fact destroyed, or that the price of the commodity was not unreasonably advanced. Courts will not stop to inquire as to the degree of injury inflicted upon the public ; it is enough to know that the inevitable tendency of such contracts...
Side 474 - The belief is common in America that the day is at hand when corporations far greater than the Erie — swaying power such as has never in the world's history been trusted in the hands of mere private citizens...
Side 473 - The existing coalition between the Erie Railway and the Tammany ring is a natural one, for the former needs votes, the latter money. This combination now controls the legislature and courts of New York ; that it controls also the Executive of the State, as well as that of the city, was proved when Governor Hoffman recorded his reasons for signing the infamous Erie Directors
Side 473 - The public corruption is the foundation on which corporations always depend for their political power. There is a natural tendency to coalition between them and the lowest strata of political intelligence and morality ; for their agents must obey, not question. They exact success, and do not cultivate political morality.
Side 435 - The only true rule of policy, as well as of law, is, that a grant for one public purpose must yield to another more 'urgent and important, and this can be effected without any infringement on the constitutional rights of the subject. If...
Side 474 - The system of corporate life and corporate power, as applied to industrial development, is yet in its infancy. It tends always to development, — always to consolidation, — it is ever grasping new powers, or insidiously exercising covert influence. Even now the system threatens the central government.
Side 438 - The grant of a franchise is of no higher order, and confers no more sacred title, than a grant of land to an individual ; and, when the public necessities require it, the one, as well as the other, may be taken for public purposes on making suitable compensation ; nor does such an exercise of the right of eminent domain interfere with the inviolability of contracts.
Side 390 - Though the ownership is private, the use is public. . . . The owners may be private companies, but they are compellable to permit the public to use their works in the manner in which such works can be used. That all persons may not put their own cars upon the road, and use their own motive power, has no bearing upon the question whether the road is a public highway. It bears only upon the mode of use, of which the legislature is the exclusive judge.

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