 | Electronic journals - 1925 - 696 pages
...Only Mr. Justice Holmes shares his sense. The foundation assertion of Mr. Justice Brandeis is that " the thing devoted by the investor to the public use...intangible, but capital embarked in the enterprise." It is capital that gets returns, not cars and ties and rails. It is capital that is entitled to constitutional... | |
 | Law - 1923 - 582 pages
...commission prevents the utility from earning a fair return on the amount prudently invested in it ... . The thing devoted by the investor to the public use...the utility the opportunity to earn a fair return." The opinioD enlarges on the idea and refers to various articles on the subject. It is probable that... | |
 | United States. Supreme Court - Courts - 1923 - 872 pages
...rate hearing. The so-called rule of Smyth v. Ames is, in my opinion, legally and economically unsound. The thing devoted by the investor to the public use...guarantees to the utility the opportunity to earn a fair return.2 Thus, it sets the limit to the power of the State to regulate rates. The Constitution does... | |
 | American Bar Association - Bar associations - 1923 - 1086 pages
...May 31, 1923, this proposition was suggested in the language, " The thing devoted by the investor to public use is not specific property, tangible and...intangible, but capital embarked in the enterprise." Such a theory strikes at the very root of the institution of private property. Its exact opposite was... | |
 | Natural resources - 1923 - 208 pages
...first principle to be observed in this search is that — in the language of Mr. Justice Brandeis — "the thing devoted by the investor to the public use is not specific property. . . . but capital embarked in the enterprise." The property purchased with this capital and devoted... | |
 | Political science - 1924 - 1142 pages
...rate hearing. The so-called rule of Smyth v. Ames is, in my opinion, legally and economically unsound. The thing devoted by the investor to the public use...the utility the opportunity to earn a fair return. Referring again to Smyth v. Ames, he said: The experience of the 25 years since that case was decided... | |
 | Charles Kellogg Burdick - Bars (Drinking establishments) - 1924 - 772 pages
...rate hearing. The so-called rule of Smyth v. Ames is, in my opinion, legally and economically unsound. The thing devoted by the investor to the public use...capital embarked in the enterprise. Upon the capital eo invested the Federal Constitution guarantees to the utility the opportunity to earn a fair return."... | |
 | United States. U.S. Congress. Senate. Interstate commerce committee - 1924 - 840 pages
...Brandéis delivered a concurring opinion, in which Mr. Justice Holmes joined, and in which it was said: "Upon the capital so invested the Federal Constitution...the utility the opportunity to earn a fair return. * * * Many commissions, like that of Massachusetts, have declared recently that 'capital honestly and... | |
 | Electronic journals - 1924 - 580 pages
...the owner the opportunity of earning a fair return on his property. But Mr. Justice Brandeis says, "The thing devoted by the investor to the public use is not specific property but capital embarked in the enterprise."12 He surely does not mean to say that the wires of a telephone... | |
 | Charles McLean - Public utilities - 1926 - 56 pages
...• The most striking statement contained in the minority opinion of twenty-two pages is that : — "The thing devoted by the investor to the public use...intangible, but capital embarked in the enterprise." This is true of the investor who lends the city the money required for the construction of a public... | |
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The thing devoted by the investor to the public use is not specific property, tangible and intangible, but capital embarked in the enterprise. 
