 | Law - 1921 - 510 pages
...Granger Cases looked to judicial history, and expressly limited the right to legislate in saying : "In countries where the common law prevails it has...to declare what shall be a reasonable compensation * * * (for property clothed with a public use). Undoubtedly in mere private contracts relating to matters... | |
 | Illinois - 1877 - 182 pages
...of property is entitled to a reasonable compensation 'for its use, even though it be clothed with a public interest, and that what is reasonable is a...practice has been otherwise. In countries where the common-law prevails, it has been customary from time immemorial for the legislature to declare what... | |
 | United States. Congress. House - United States - 1877 - 526 pages
...the property is entitled to a rcasonab'e compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a...and not a legislative question. As has already been thown, the practice has been otherwise. In countries where the common law prevails it has been customary... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1885 - 760 pages
...of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a...question. As has already been shown, the practice is otherwise. In countries where the common law prevails, it has been customary from time immemorial... | |
 | John Norton Pomeroy, Edmund Hatch Bennett - Constitutional law - 1886 - 764 pages
...of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a...already been shown, the practice has been otherwise." It was held to be for the legislature to determine what is reasonable. A dissenting opinion by Field,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1886 - 926 pages
...of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question. As hits already been shown, the practice is otherwise. In countries where the common law prevails, it... | |
 | Law reports, digests, etc - 1907 - 1210 pages
...be a reasonable rate. In Munn v. Illinois, 94 US 133, 24 L. Ed. 77, the court says : "It Is Insisted that what is reasonable Is a judicial and not a legislative...already been shown, the practice has been otherwise. Uhdoubtedly In mere private contracts relating to matters in which the public has no interest, what... | |
 | Iowa State Commerce Commission - Railroads - 1889 - 1144 pages
...held that "when private property is devote.d to a public use, it is subject to public regulation." "In countries where the common law prevails it has...reasonable compensation, under such circumstances, or more properly speaking, to fix a maximum beyond which any charge made would be unreasonable." On the... | |
 | Railroads - 1889 - 176 pages
...held that " when private property is devoted to a public use it is subject to public regulation : " " In countries where the common law prevails it has...reasonable compensation under such circumstances, or, more properly speaking, to fix a maximum beyond which any charge made would be unreasonable." On the... | |
 | Walter Davis Dabney - Railroad law - 1889 - 310 pages
...of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question. To this argument the Court replied : " In countries where the common law prevails, it has been customary,... | |
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It is insisted, however, that the owner of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question. 
