 the element of reasonableness, both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination. If the company is deprived of the power of charging reasonable...  Railway Problems - Side 586redigert av - 1907 - 686 siderUten tilgangsbegrensning - Om denne boken
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1974 - 256 sider
...the alleged "prejudicial" nature of a freight rate—long and well recognized as being "imminently a question for judicial investigation, requiring due process of law for its determination." Chicago, M. & St. PRR Co., v. Minnesota, 134 US 418, 458 (1890). In these circumstances, it is unrealistic... | |
 | Edward S. Corwin, Harold William Chase, Craig R. Ducat - 1978 - 694 sider
...the Court. 68 Where the Court had found in 1890 that "The question of reasonableness of a rate ... is eminently a question for judicial investigation,...requiring due process of law for its determination" 69 (emphasis supplied), the Court conceded in 1944: "It is not theory but the impact of the rate order... | |
 | Robert B. Highsaw - 1999 - 240 sider
...rates by a commission. “The question of the reasonableness of a charge . . . ,“ said the Court, “is eminently a question for judicial investigation,...requiring due process of law for its determination.” 22 Until 1894, in fact, the Court was reluctant to go as far in examining the act of a legislature... | |
 | Alfred E. Kahn - 1988 - 620 sider
...the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the...requiring due process of law for its determination." 35 Finally, in Smyth v. Ames, in 1898, the Court not only strongly reaffirmed its responsibility under... | |
 | David P. Currie - 1994 - 682 sider
...possessing the machinery of a court of justice. . . . The question of the reasonableness of a rate . . . is eminently a question for judicial investigation,...requiring due process of law for its determination. 92 Blatchford failed to identify just what the property was of which the company had been deprived,... | |
 | Bernard Schwartz - 1993 - 480 sider
...that the power to regulate was not the power to confiscate;' 3 whether rates fixed were unreasonable “is eminently a question for judicial investigation, requiring due process of law.”' 4 The rule laid down was that the Due Process Clause permits the courts to review the substance of... | |
 | John Rogers Commons - 434 sider
...limitation is not the equivalent of confiscation." i456.l And confiscation, or the reasonableness of a rate, "is eminently a question for judicial investigation,...requiring due process of law for its determination." i458.l Thus Justice Field's definition of property as the exchangevalue of property was approved and,... | |
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