Charles E. Hughes, the Statesman: As Shown in the Opinions of the JuristE. P. Dutton, 1916 - 353 páginas |
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... practical dis- charge of his duties , a conscientious jurist , the jurist must , in his work of examination and testing , always keep in mind the point of view of the statesman . " In passing judgment , therefore , upon any matter of ...
... practical dis- charge of his duties , a conscientious jurist , the jurist must , in his work of examination and testing , always keep in mind the point of view of the statesman . " In passing judgment , therefore , upon any matter of ...
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... practical dis- charge of his duties , a conscientious jurist , with a broad , sound concept of the adaptability of the " unchanging provisions " of the Federal Constitution " to the infinite variety of the changing conditions of our ...
... practical dis- charge of his duties , a conscientious jurist , with a broad , sound concept of the adaptability of the " unchanging provisions " of the Federal Constitution " to the infinite variety of the changing conditions of our ...
Página 15
... , and consistent , the practical applications of the gen- eral principles of State and National authority , 15 hitherto stated in the most general terms in the Federal 14 CHARLES E. HUGHES NATIONAL POWER OVER NATIONAL INTERESTS.
... , and consistent , the practical applications of the gen- eral principles of State and National authority , 15 hitherto stated in the most general terms in the Federal 14 CHARLES E. HUGHES NATIONAL POWER OVER NATIONAL INTERESTS.
Página 25
... practical consequence the carriers would have to reduce the rates they had made to competing points without the State , in order to maintain the volume of their interstate busi- ness or to continue the parity of rates or the relation ...
... practical consequence the carriers would have to reduce the rates they had made to competing points without the State , in order to maintain the volume of their interstate busi- ness or to continue the parity of rates or the relation ...
Página 49
... practical adjust- ment by which the National authority as con- ferred by the Constitution is maintained in its full scope without unnecessary loss of local ef- ficiency . It thus clearly appears that , under the established principles ...
... practical adjust- ment by which the National authority as con- ferred by the Constitution is maintained in its full scope without unnecessary loss of local ef- ficiency . It thus clearly appears that , under the established principles ...
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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
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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.