Charles E. Hughes, the Statesman: As Shown in the Opinions of the JuristE. P. Dutton, 1916 - 353 páginas |
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Página 31
... enforced not only against land carriers but also against the owners of vessels engaged in inter- state commerce where the wrong occurs within the jurisdiction of the State . And , until Con- gress legislated on the matter , liability ...
... enforced not only against land carriers but also against the owners of vessels engaged in inter- state commerce where the wrong occurs within the jurisdiction of the State . And , until Con- gress legislated on the matter , liability ...
Página 33
... enforce liens upon vessels for supplies fur- nished under contracts not maritime in their nature , and it is no valid objection that the State law may obstruct the prosecution of a voyage of an interstate character . It may also create ...
... enforce liens upon vessels for supplies fur- nished under contracts not maritime in their nature , and it is no valid objection that the State law may obstruct the prosecution of a voyage of an interstate character . It may also create ...
Página 37
... enforcing the statute against the Mobile and Ohio Railroad Company . It had been incorporated in the States of Alabama , Mississippi , Tennessee and Kentucky , for the purpose of constructing a railroad from Mobile to some point near ...
... enforcing the statute against the Mobile and Ohio Railroad Company . It had been incorporated in the States of Alabama , Mississippi , Tennessee and Kentucky , for the purpose of constructing a railroad from Mobile to some point near ...
Página 43
... enforcement of the act should be applied to such cases as might thereby be brought within its purview ; and the question whether the carrier , in such a case , was giving an undue or unreasonable prefer- ence or advantage to one ...
... enforcement of the act should be applied to such cases as might thereby be brought within its purview ; and the question whether the carrier , in such a case , was giving an undue or unreasonable prefer- ence or advantage to one ...
Página 77
... enforce , even as against the action of a sovereign State . One of the difficulties , it is true , was that the National view was perhaps naturally more broad and progressive than the view of many of the older States , but another ...
... enforce , even as against the action of a sovereign State . One of the difficulties , it is true , was that the National view was perhaps naturally more broad and progressive than the view of many of the older States , but another ...
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Términos y frases comunes
action affirmed Amendment applied April April 29 Argued authorised authority boric acid carriers cial Circuit Court Commission Company concurring Congress Constitution contract conviction corporation Court of Appeals curring Decided decision Decree denied Devanter dissent District Court due process effect employé employer enactment enforcement exercise fact fair Fourteenth Amendment franchise freedom of contract grant habeas corpus held Holmes ingredient inter interstate commerce Interstate Commerce Commission intrastate rates judicial jurisdiction jury Justice Hughes labour Lamar lative legislation legislature limits Lurton Majority view McKenna ment merce Minority view National opinion ordinance person Philadelphia Co Pitney plaintiff plaintiff in error prescribed prohibition protection public policy purpose question railroad reasonable regulation require rule statute Stock Food Sub't'd Substance of Holding Supreme Court sustaining taining tion tive trade traffic transportation trial U. S. Reports Unanimous unless otherwise United unless otherwise shown writ
Pasajes populares
Página 21 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Página 15 - Incidentally, they may become connected with interstate commerce, but not necessarily so. Their regulation is a thing of domestic concern, and, certainly, until Congress acts in reference to their interstate relations, the State may exercise all the powers of government over them, even though in so doing it may indirectly operate upon commerce outside its immediate jurisdiction.
Página 5 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally...
Página 61 - The scope of judicial inquiry in deciding the question of power is not to be confused with the scope of legislative considerations in dealing with the matter of policy. Whether the enactment is wise or unwise, whether it is based on sound economic theory, whether it is the best means to achieve the desired result, whether, in short, the legislative discretion within its prescribed limits should be exercised in a particular manner, are matters for the judgment of the legislature, and the earnest conflict...
Página 11 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves.
Página 31 - This is not to say that Congress possesses the authority to regulate the internal commerce of a State, as such, but that it does possess the power to foster and protect interstate commerce, and to take all measures necessary or appropriate to that end, although intrastate transactions of interstate carriers may thereby be controlled.
Página 47 - If the facility of interstate transportation can be taken away from the demoralization of lotteries, the debasement of obscene literature, the contagion of diseased cattle or persons, the impurity of food and drugs, the like facility can be taken away from the systematic enticement to and the enslavement in prostitution and debauchery of women, and, more insistently, of girls.
Página 17 - 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 amounts to a taking of private property for public use without just compensation, or without due process of law.