The Doctrine of Presumed Dedication of Private Property to Public Use: In Its Application of Railroads

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John Wiley's sons, 1881 - 40 σελίδες

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Δημοφιλή αποσπάσματα

Σελίδα 3 - 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. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Σελίδα 27 - We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts.
Σελίδα 37 - Corporations without banking powers or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.
Σελίδα 14 - When the people of the United Colonies separated from Great Britain, they changed the form, but not the substance of their government.
Σελίδα 3 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.
Σελίδα 6 - Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Σελίδα 15 - Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.
Σελίδα 28 - Nay, take my life and all; pardon not that. You take my house, when you do take the prop That doth sustain my house ; you take my life, When you do take the means whereby I live.
Σελίδα 14 - a part of the powers of the States and of the people of the States was granted to the United States and the people of the United States. This grant operated as a further limitation upon the powers of the States, so that now the governments of the...
Σελίδα 20 - is in the exercise of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself.

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