Laws of Illinois Relating to Railroads and Warehouses, with Appendix, Containing the Rules Governing the Grain Inspection and Registration Departments in the City of Chicago, Also, the Majority and Minority Opinions of the Supreme Court of the United States in the "Warehouse Case" of Munn & Scott Vs. The People of the State of Illinois, and the "Grange Cases."
D.W. Lusk, state printer, 1877 - 157 pages
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Page 20 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 17 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 15 - Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Page 11 - Every railroad corporation organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, where transfers of stock shall be made, and in which shall be kept, for public inspection, books in which shall be recorded the amount of capital stock subscribed, and by whom...
Page 24 - According to the maxim, sic utere tuo ut alienum non ladas, which being of universal application, it must, of course, be within the range of legislative action to define the mode and manner in which every one may so use his own as not to injure others...
Page 16 - It matters not in this case that these plaintiffs in error had built their warehouses and established their business before the regulations complained of were adopted. What they did was from the beginning subject to the power of the body politic to require them to conform to such regulations as might be established by the proper authorities for the common good.
Page 23 - ... taken for the public use. Such a construction would pervert the constitutional provision into a restriction upon the rights of the citizen, as those rights stood at the common law, instead of the government, and make it an authority for invasion of private right under the pretext of the public good, which had no warrant in the laws or practices of our ancestors.™...
Page 17 - 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.
Page 13 - They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions.