| Harold Underwood Faulkner - United States - 1924 - 752 pages
...He further held that the fixing of rates was a legislative and not n judicial matter, asserting that "it has been customary from time immemorial for the legislature to declare what shall be reasonable compensation under such circumstances." * The firm attitude of the court in the Munn case... | |
| Frederick Dumont Smith - Constitutional history - 1926 - 598 pages
...331 "As has already been shown, the practice has been otherwise. In countries where the common law prevails, it has been customary from time immemorial...speaking, to fix a maximum beyond which any charge would be unreasonable. Undoubtedly, in mere private contracts, relating to matters in which the public... | |
| Law - 1921 - 500 pages
...history, and expressly limited the right to legislate in saying: "In countries where the common law prevails it has been customary from time immemorial...to declare what shall be a reasonable compensation * * * (for property clothed with a public use). Undoubtedly in mere private contracts relating to matters... | |
| Law - 1877 - 658 pages
...question. As has already been shown, the practice has been otherwise. In countries where the common law prevails, it has been customary from time immemorial...legislature to declare what shall be a reasonable Kompensation under such circumstances, or, perhaps more properly speaking, to flx a maximum, beyond... | |
| Law - 1908 - 540 pages
...the public has an interest.18 Undoubtedly, in mere private contracts, relating to matters in winch the public has no interest, what is reasonable must be ascertained judicially, But this as because the legislature has no control over such a contract. The common law rule, which requires... | |
| United States. Federal Trade Commission - Electric industries - 1935 - 1440 pages
...question. As has already been shown, the practice has been otherwise. In countries •where the common law prevails, it has been customary from time immemorial...declare what shall be a reasonable compensation under snch circumstances, or, perhaps more properly speaking, to fix a maximum beyond which any charge would... | |
| Bar Association of the State of Kansas - Bar associations - 1908 - 770 pages
...question. As has already been shown the practice has been otherwise. "In countries where the common law prevails, it has been customary from time immemorial...beyond which any charge made would be unreasonable. We know that this power may be abused; but that is no argument against its existence. For protection... | |
| United States. Congress. Senate. Committee on the Judiciary - Conflict of laws - 1932 - 154 pages
...for their The answer of the Supreme Court on that point was this : In countries where the common law prevails, it has been customary from time immemorial...must be ascertained judicially. But this is because tinlegislature has no control over such a contract. So, too, in matters which do affect the public... | |
| American Bar Association - Bar associations - 1887 - 464 pages
...question." " As has already been shown, the practice has been otherwise. In countries where the common law prevails, it has been customary from time immemorial,...is reasonable must be ascertained judicially. But that is because the Legislature has no control over such a contract. So, too, in matters which do affect... | |
| Bar Association of Arkansas - Bar associations - 1908 - 650 pages
...the statute was discussed and the court said that in countries were the common law prevailed it had been customary from time immemorial for the legislature...reasonable compensation under such circumstances, or more properly speaking, to fix the maximum beyond which any charge made would be unreasonable, that... | |
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