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U.S. Government Printing Office, 1877
 

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Side 219 - one devotes his property to a use iu which the public has an interest he in effect grants to the public an interests in that use, and must submit to be controlled by the public for the common good to the extent, of the interest he has thus created. He may withdraw
Side 219 - a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. This does nor confer power upon the whole people to control
Side 219 - essential element in the law of property ever since. Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use
Side 219 - Enough has already been said to show that when private property is devoted to a public use it is subject to public regulation. It remains only to ascertain whether the warehouses of these plaintiffs in error and the business which is carried on there come within
Side 220 - usually employed to prevent abuses by virtual monopolies might not be inappropriate here. For our purposes we must assume that if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not
Side 219 - property when such regulation becomes necessary for the public good. In their exercise it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmeu, bakers, millers, wharfingers, innkeepers,
Side 219 - section 2.) From this it is apparent that down to the time of the adoption of the fourteenth amendment it was supposed that the statutes regulating the use, or even the price of the use, of private property necessarily deprived an owner of his
Side 221 - to an old one. We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not, to the courts. After what has already been said it is unnecessary to refer at length to the effect of the other provision of the fourteenth amendment, which is relied
Side 221 - Neither is it a matter of any moment that no precedent can be found for a statute precisely like this. It is conceded that the business is one of recent origin; that its growth has been rapid, and that it is already of great importance ; and it must also be conceded that it
Side 220 - to four or five of the States on the sea-shore, may be a virtual monopoly. Under such circumstances it is difficult to see why, if the common carrier, or the miller, or the ferryman, or the innkeeper, or the wharfinger, or the hackney coachman pursues a public employment

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