The Validity of Rate Regulations, State and Federal |
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Common terms and phrases
24 Harv administrative Assn Atlantic C. L. R. authority carrier Chapter charges Chicago cited in note commerce clause commission common law Compare compensation Congress considered contract Corwin decided decisions declared delegation dissenting opinion Dist due process clause due process provision earnings enforce equal protection Ex parte Young ex rel exercise Federal Constitution federal courts federal government Fifth Amendment Fourteenth Amendment governmental action grant infra Interstate Commerce Interstate Commerce Act interstate rates judicial Judiciary jurisdiction justice Kansas Kentucky land legislative power legislature limit Louisville & N. R. Magna Carta ment Minn Missouri N. R. Co organs of government Owensboro police power position principles procedure process of law question Railroad Comn Railroad Rate rate regulation reasonable require restraint rule Southern statute supra Supreme Court sustained Texas Thayer tion unconstitutional United States 1911 Western U. T.
Popular passages
Page 246 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 237 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws.
Page 157 - The wisdom and the discretion of congress, their identity with the people, and the influence which their constituents possess at elections are in this, as in many other instances, — as that, for example, of declaring war, — the sole restraints on which they have relied to secure them from its abuse. They are the restraints on which the people must often rely solely in all representative governments.
Page 90 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 298 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute and the sum required to meet operating expenses, are all matters for consideration and are to be given such weight as may be just and right in each case.
Page 298 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 106 - A judicial inquiry investigates, declares, and enforces liabilities as they stand on present or past facts and under laws supposed already to exist.
Page 35 - But this movement does not begin until the articles have been shipped or started for transportation from the one state to the other. The carrying of them in carts or other vehicles, or even floating them, to the depot where the journey is to commence is no part of that journey.
Page 260 - Constitution simply because the classification "is not made with mathematical nicety or because in practice it results in some inequality.
Page 80 - The line has not been exactly drawn which separates those important subjects, which must be entirely regulated by the legislature itself, from those of less interest, in which a general provision may be made, and power given to those who are to act under such general provisions to fill up the details.