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action agent American appear applied authority become benefit cause charge citizen Civil claim common consideration considered Constitution contract corporation course decided decision defendant district doctrine duties effect England established evidence exercise existence express fact force foreign give given granted ground hand held important individual interest judges judgment judicial jurisdiction Justice land lawyer legislative legislature limited majority matter means ment nature necessary neutral notice object opinion original owner party passed patent person plaintiff Police political practice present principles proceedings provision question railroad reason received recent reference regard regulation result rule says School seems statute stockholders suit Supreme Court taken tion United validity whole York
Page 51 - 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.
Page 192 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it— the storm may enter — the rain may enter — but the King of England cannot enter ! — all his force dares not cross* the threshold of the ruined tenement...
Page 56 - The exercise of the police power by the destruction of property which is itself a public nuisance, or the prohibition of its use in a particular way, whereby its value becomes depreciated, is very different from taking property for public use, or from depriving a person of his property without due process of law. In the one case, a nuisance only is abated ; in the other, unoffending property is taken away from an innocent owner.
Page 15 - The rule of law upon this subject appears to be that, except where the Constitution has imposed limits upon the legislative power, It must be considered as practically absolute, whether it operate according to natural justice or not in any parr ticular case.
Page 220 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof...
Page 79 - When one becomes a member of society, he necessarily parts with some rights or privileges which, as an individual not affected by his relations to others, he might retain. " A body politic," as aptly defined in the preamble of the Constitution of Massachusetts, "is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.
Page 55 - The mere fact that the Court of Appeals of New York and the Supreme Court of the United States...
Page 16 - The purposes for which men enter into society will determine the nature and terms of the social compact ; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature and ends of legislative power will limit the exercise of it.
Page 217 - Courts will take notice of whatever is generally known within the limits of their jurisdiction, and. if the judge's memory is at fault, he may refresh it by resorting to any means for that purpose which he deems safe and proper. This extends to such matters of science as are involved in the cases brought before him.
Page 72 - Such legislation may invade one class of rights to-day, and another to-morrow : and, if it can be sanctioned under the Constitution, while far removed in time, we will not be far away in practical statesmanship, from those ages when governmental prefects supervised the building of houses, the rearing of cattle, the sowing of seed, and the reaping of grain, and governmental ordinances regulated the movements and labor of artisans, the rate of wages, the price of food, the diet and clothing of the...