The Public Regulation of RailwaysG.P. Putnam's Sons, 1889 - 281 páginas |
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Página
... Court in Georgia ) and Cases from Supreme Court Compared . - Recent Iowa Cases . CHAPTER IV . Limitation on State Powers Arising from Exclusive Right of Congress to " Regulate Commerce among the States . " - Inter- state Commerce ...
... Court in Georgia ) and Cases from Supreme Court Compared . - Recent Iowa Cases . CHAPTER IV . Limitation on State Powers Arising from Exclusive Right of Congress to " Regulate Commerce among the States . " - Inter- state Commerce ...
Página 2
... Court will be appealed to , almost exclusively - that tribunal having the ultimate determination of nearly all questions of that character . One or two important cases in the lower Federal courts will , however , also be commented upon ...
... Court will be appealed to , almost exclusively - that tribunal having the ultimate determination of nearly all questions of that character . One or two important cases in the lower Federal courts will , however , also be commented upon ...
Página 6
... Court of the United States has examined the question in this light , ' and the fair inference from the remarks of the Court is , that in the absence of provision to the contrary , the railway is , theoretically at least , a public 1 L ...
... Court of the United States has examined the question in this light , ' and the fair inference from the remarks of the Court is , that in the absence of provision to the contrary , the railway is , theoretically at least , a public 1 L ...
Página 7
... owned by them are public highways , has been the doctrine of nearly all the courts ever since such conveniences for passage and trans- 1 Olcott vs. The Supervisors , 16 Wall , 678 . portation have had any existence . " " It has.
... owned by them are public highways , has been the doctrine of nearly all the courts ever since such conveniences for passage and trans- 1 Olcott vs. The Supervisors , 16 Wall , 678 . portation have had any existence . " " It has.
Página 8
... courts . " " This is a mistake ; in their very nature they are public highways . It needed no decision of the courts to make them such . " As well might it be said a turnpike is a highway only because declared such by judicial decision ...
... courts . " " This is a mistake ; in their very nature they are public highways . It needed no decision of the courts to make them such . " As well might it be said a turnpike is a highway only because declared such by judicial decision ...
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Términos y frases comunes
act of consolidation amount applied authority car-load carriage carried cars cents character charter classification commission common carrier compel compensation competitive points competitive traffic complaint Congress connecting roads consideration consolidation constitutional contract corporation cost of service Cullom Committee Danville earnings eminent domain enforce existence express business express companies facilities fact favor Federal fixed franchises freight frequently G. P. PUTNAM'S SONS Georgia greater charge imposed interchange of traffic interest Interstate Commerce Interstate Commerce Act Interstate Commerce Commission judicial jurisdiction justify latter legislative power legislature less limits Lynchburg ment mile Octavo pany persons pooling practice principle profit prohibition provision public highways public regulation question rail railroad companies railroad transportation railway reasonable rebates reduce Repts result revenues schedule of rates shipments shippers short haul shorter statute Supreme Court tank cars tariff testimony tion trunk lines unjust discrimination unreasonable water routes
Pasajes populares
Página 209 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Página 209 - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved...
Página 210 - ... railroad, as defined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force...
Página 19 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Página 15 - Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad ; and shall receive and transport each the other's passengers, tonnage and cars loaded or empty, without delay or discrimination.
Página 211 - Every common carrier subject to this Act shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this Act to which it may be a party.
Página 20 - 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.
Página 19 - From this it is apparent that, down to the time of the adoption of the Fourteenth Amendment, it was not supposed that statutes regulating the use, or even the price of the use, of private property necessarily deprived an owner of his property without due process of law. Under some circumstances they may, but not under all. The amendment does not change the law in this particular: it simply prevents the States from doing that which will operate as such a deprivation.
Página 77 - Where a corporation like a railroad company has granted to it by charter a franchise intended in large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions, which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden which it imposes, is a violation...
Página 263 - So long as the public are served to their reasonable satisfaction, it is a matter of no importance who serves them. The railroad company performs its whole duty to the public at large and to each individual when it affords the public all reasonable express accommodations.