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Bøker Bok 8187 av 87power to destroy, and limitation is not the equivalent of confiscation. Under pretense...
" power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward ; neither can it do that which in law... "
Railway Problems - Side 584
redigert av - 1907 - 686 sider
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The American Judicial Tradition : Profiles of Leading American Judges ...

G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia - 1988 - 576 sider
...from Chief Justice Waite that "under pretence of regulating fares and freights, the State cannot ... do that which in law amounts to a taking of private...just compensation, or without due process of law." 86 Eventually he succeeded in shifting the area of focus, in cases involving state regulation of private...
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The Lost World of Classical Legal Thought: Law and Ideology in America, 1886 ...

William M. Wiecek - 1998 - 296 sider
...the Fourteenth Amendment." 19 tioned that "this power to regulate is not a power to destroy. . . . Under pretense of regulating fares and freights, the...just compensation, or without due process of law." The next year in Mugler v. Kansas (i88y), 21 the Court again sustained a state prohibition statute...
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A Practical Companion to the Constitution: How the Supreme Court Has Ruled ...

Jethro K. Lieberman - 1999 - 796 sider
...Justice Waite had warned in i886 that the power to regulate was not unlimited and that “under pretence of regulating fares and freights, the state cannot...railroad corporation to carry persons or property without 1935 Finally, in 1890 the Court did an about-face, 453 holding that it could review rates. In 1898...
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The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s ...

Michael J. Phillips - 2001 - 210 sider
...rate cases quoted with approval an 1886 case in which the Court declared that the states could not "do that which in law amounts to a taking of private...just compensation, or without due process of law." 58 And as we have seen, in 1897 the justices strongly suggested that the Fourteenth Amendment makes...
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Mr. Justice Miller and the Supreme Court, 1862-1890

Charles Fairman - 1939 - 456 sider
...that this power of limitation or regulation is itself without limit. This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretence of regulating fares and freights, the State cannot require a railroad corporation to carry...
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The United States Supreme Court: The Pursuit of Justice

Christopher L. Tomlins - 2005 - 578 sider
...This time, however, the justices issued a warning to state officials: "This power to regulate is not a power to destroy, and limitation is not the equivalent...just compensation, or without due process of law." That same year, the Waite Court confirmed what previously had been assumed: that corporations would...
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The History of the Supreme Court of the United States, Volum 8;Volum 2006

Owen M. Fiss - 2006 - 426 sider
...that this power of limitation or regulation is itself without limit. This power to regulate is not a power to destroy, and limitation is not the equivalent...just compensation, or without due process of law. 134 US at 455-56, quoting 116 US at 331. The opinion in Stone was written by Chief Justice Waite, the...
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