Railroad Rate Control in Its Legal Aspects: A Study of the Effect of Judicial Decisions Upon Public Regulation of Railroad RatesFor the American economic association by the Macmillan Company, 1906 - 147 páginas |
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... enforce rates , ( 1 ) on adapting rates to industrial conditions , ( 2 ) on the problem of stability , and ( 3 ) on making of rates on basis of public utility . Result of judicial review on the spirit and ideas of the commissions . Loss ...
... enforce rates , ( 1 ) on adapting rates to industrial conditions , ( 2 ) on the problem of stability , and ( 3 ) on making of rates on basis of public utility . Result of judicial review on the spirit and ideas of the commissions . Loss ...
Página 28
... enforced . It was simply a declaration in general terms that the rail- roads possessed rights of property which were secure even from the legislative power of regulation . Three years later Mr. Justice Gray , in his opinion in a rate ...
... enforced . It was simply a declaration in general terms that the rail- roads possessed rights of property which were secure even from the legislative power of regulation . Three years later Mr. Justice Gray , in his opinion in a rate ...
Página 30
... enforcing rates made under the authority of an Act of 1887. In his opinion Judge Brewer quoted from the opinions in the Railroad Commission and Dow cases , and then proceeded : " It is obvious from these last quotations that the mere ...
... enforcing rates made under the authority of an Act of 1887. In his opinion Judge Brewer quoted from the opinions in the Railroad Commission and Dow cases , and then proceeded : " It is obvious from these last quotations that the mere ...
Página 31
... enforcing a certain switching charge , which the railroad claimed would prove unremunerative . These two cases could leave no doubt that in Judge Brewer's mind unremunerative rates were unreasonable , and un- reasonable rates it was ...
... enforcing a certain switching charge , which the railroad claimed would prove unremunerative . These two cases could leave no doubt that in Judge Brewer's mind unremunerative rates were unreasonable , and un- reasonable rates it was ...
Página 36
... enforced only after an investigation by judicial machinery , that is , after due process of law has been observed.22 deprive it of property without due process of law . Its request to make proof of these matters was , however , refused ...
... enforced only after an investigation by judicial machinery , that is , after due process of law has been observed.22 deprive it of property without due process of law . Its request to make proof of these matters was , however , refused ...
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Railroad Rate Control in Its Legal Aspects: A Study of the Effect of ... Harrison Standish Smalley Sin vista previa disponible - 2016 |
Términos y frases comunes
American Economic Association amount applied cent chapter charges Chicago Cloth commission's rates common carriers compensation Constitution corporation Covington decision declared deprive of property determined discrimination dividends doctrine of judicial doubt due process earning capacity effect of rates eminent domain entitled established evidence fact federal fix rates Fourteenth Amendment freight Granger Illinois improper limitation industrial condition involved Judge judicial review Justice Blatchford Justice Brewer lative legislature limitation matter methods Milwaukee and St Minnesota Munn obiter dicta operating expenses opinion Ph.D police power practically present Price principle problem process of law profit provision public control public interest public regulation question rail Railroad Commission railroad company railroad control railroad rates rate control Rate Law rates on earnings Reagan reasonable income reduce rates reduction in rates result road schedules secure SERIES Smyth statute sufficient suit Supreme Court temporary injunction theory tion traffic unjust unreasonable validity
Pasajes populares
Página 47 - The question of 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 company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Página 35 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Página 21 - In countries where the common law prevails, it has been customary from time immemorial for the legislature to declare what shall be a reasonable compensation under such circumstances, or, perhaps more properly speaking, to fix a maximum, beyond which any charge made would be unreasonable.
Página 35 - ... charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States ; and in so far as it is thus deprived, while other persons are permitted to receive reasonable profits upon their invested capital, the company is deprived...
Página 62 - In our judgment. It must be held that the reasonableness or unreasonableness of rates prescribed by a state for the transportation of persons and property wholly within its limits must be determined without reference to the Interstate business done by the carrier, or to the profits derived from It. The state cannot Justify unreasonably low rates for domestic transportation, considered alone, upon the ground that the carrier is earning large profits on its interstate business, over which, so far as...
Página 71 - It cannot be said that a corporation is entitled, as of right, and without reference to the interests of the public, to realize a given per cent upon its capital stock. When the question arises whether the Legislature has exceeded its constitutional power in prescribing rates to be charged by a corporation controlling a public highway, stockholders are not the only persons whose rights or interests are to be considered. The rights of the public are not to be ignored.
Página 71 - It is unnecessary to decide, and we do not wish to be understood as laying down as an absolute rule, that in every case a failure to produce some profit to those who have invested their money in the building of a road is conclusive that the tariff is unjust and unreasonable.
Página 19 - Every bushel of grain for its passage "pays a toll, which is a common charge," and therefore, according to Lord Hale, every such warehouseman "ought to be under public regulation, viz., that he ... take but reasonable toll." Certainly, if any business can be clothed "with a public interest and cease to be juris privati only,
Página 25 - 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.
Página 81 - It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act.