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Corporation Law: A Comprehensive Treatise on Federal and State Legislation ...
Howard S. Abbott
No preview available - 2015
action agent amount applied authority become bound capital carry character charge charter circumstances common carrier Congress Constitution construction contract corporation court created decisions deliver determine doctrine duty effect enforce engaged established exclusive exercise existence express fact Federal fixed follows foreign franchises freight furnish given granted held hold importance imposed individual interstate commerce Justice legislation liability limited loss matter means nature necessary obligation officers operation organized original owner particular parties pass passenger payment perform persons police prevent principle privileges prohibition proper protection provisions question railroad company rates reasonable receive refuse regard regulation relation render respect restraint result road rule shipper station statute stockholders Supreme Court ticket tion trade train transaction transfer transportation United unreasonable usually
Page 21 - The powers thus granted are not confined to the instrumentalities of commerce, or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country and adapt themselves to the new developments of time and circumstances.
Page 36 - ... transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Page 5 - 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 37 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
Page 14 - She was employed as an instrument of that commerce ; for whenever a commodity has begun to move as an article of trade from one state to another, commerce in that commodity between the states has commenced.
Page 66 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by non-residents of any State shall be taxed in the city or town where the bank is located, and not elsewhere.
Page 79 - 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...
Page 2 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 24 - When cattle are sent for sale from a place in one state, with the expectation that they will end their transit after purchase in another, and when, in effect they do so, with only the interruption necessary to find a purchaser at the stock yards, and when this is a typical, constantly recurring course, the current thus existing is a current of commerce among the states, and the purchase of the cattle is a part and incident of such commerce.
Page 90 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief •o as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the same time...