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 713redigert av - 1913 - 830 siderUten tilgangsbegrensning - Om denne boken
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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."... | |
| 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... | |
| 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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