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" 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 persons or property without reward : neither... "
Railway Problems - Side 713
redigert av - 1913 - 830 sider
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Centralization and the Law: Scientific Legal Education, an Illustration

1906 - 326 sider
...injunction, in commenting on the legislative power as recognized in Munn v. Illinois: '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 Law of Railroad Rate Regulation: With Special Reference to ..., Volum 2

Joseph Henry Beale, Bruce Wyman - 1906 - 1402 sider
...cents per- car to do the work, and the defendants propose to allow it to charge only one dollar. ' The State cannot require a railroad corporation to carry persons or property without reward.' "5 The question was involved in a decision by the English Railway Commission. Upon a complaint under...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 82

California. Supreme Court - 1906 - 786 sider
...this rate could not be enforced, quoting this remark from the Railroad Commission Cases, 116 US 331: "The state cannot require a railroad corporation to carry persons or property without reward." (See further, Pensacola RR Co. v. Florida, 5 South. Rep. 833 ; State v. Cincinnati Gaslight Co., 18...
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The New York Supplement, Volum 100

1907 - 1278 sider
...inferred 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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A Selection of Cases on the Law of Private Corporations

Leslie Jay Tompkins - 1908 - 1188 sider
...that limitations have been found, beyond which the police power cannor go. " This power to regulate is not a power to destroy, and limitation is not the...amounts to a taking of private property for public use without compensation or without due process of law." Railroad Commission Cases, 116 US 307. See...
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The Yale Review, Volum 16

George Park Fisher, George Burton Adams, Henry Walcott Farnam, Arthur Twining Hadley, John Christopher Schwab, William Fremont Blackman, Edward Gaylord Bourne, Irving Fisher, Henry Crosby Emery, Wilbur Lucius Cross - 1908 - 524 sider
...fix reasonable rates, the chief justice said: "Under the pretence of regulating fares and freight, the State cannot require a railroad corporation to...without just compensation or without due process of law."88 According to the dictum of Chief Justice Waite, State legislatures may regulate railway rates...
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The Yale Review, Volum 16

George Park Fisher, George Burton Adams, Henry Walcott Farnam, Arthur Twining Hadley, John Christopher Schwab, William Fremont Blackman, Edward Gaylord Bourne, Irving Fisher, Henry Crosby Emery, Wilbur Lucius Cross - 1908 - 490 sider
...fix reasonable rates, the chief justice said : "Under the pretence of regulating fares and freight, the State cannot require a railroad corporation to...without just compensation or without due process of law."33 According to the dictum of Chief Justice Waite, State legislatures may regulate railway rates...
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Reasonable Maximum Rates

Harry Turner Newcomb - 1908 - 36 sider
...Chief Justice Waite, speaking for the majority of the Supreme Court in the Railroad Commission cases:21 "Under pretense of regulating fares and freights,...reward ; neither can it do that which in law amounts to taking private property for public use, without just compensation, or without due process of law."...
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The American State Reports: Containing the Cases of General Value ..., Volum 117

Abraham Clark Freeman - 1908 - 1208 sider
...power to destroy, and limitation is not th« equivalent of confiscation. Under pretense of regulatinc fares and freights the state cannot require a railroad...corporation to carry persons or property without reward ; neithrf can it do that which in law amounts to a taking of private property for public use without...
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A Treatise on Franchises: Especially Those of Public Service Corporations ...

Joseph Asbury Joyce - 1909 - 1272 sider
...— The legislative power of limitation or regulation of rates is restricted. "This power to regulate is not a power to destroy, and limitation is not the...confiscation. Under pretense of regulating fares and rates, the State cannot require a railroad corporation to carry persons or property without reward;...
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