The Doctrine of Presumed Dedication of Private Property to Public Use: In Its Application of RailroadsJohn Wiley's sons, 1881 - 40 σελίδες |
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Σελίδα 9
... prohibition of the Four- teenth Amendment precluded his being deprived of it by an act of the State legislature . The court adopted a presumption that it was his own act which deprived him of his PRIVATE PROPERTY TO PUBLIC USE . 9.
... prohibition of the Four- teenth Amendment precluded his being deprived of it by an act of the State legislature . The court adopted a presumption that it was his own act which deprived him of his PRIVATE PROPERTY TO PUBLIC USE . 9.
Σελίδα 10
... prohibition of the Fourteenth Amendment of the Federal Constitution , proceeding from an authority superior to the State , is absolute and universal ; -that the State shall deprive no man of his property without some kind of judicial ...
... prohibition of the Fourteenth Amendment of the Federal Constitution , proceeding from an authority superior to the State , is absolute and universal ; -that the State shall deprive no man of his property without some kind of judicial ...
Σελίδα 11
... prohibition alike pro- tects life , liberty , and property . If all the people of a State , with all their sovereignty , should assemble in convention and make a constitution authorizing the taking of any man's life or liberty by ...
... prohibition alike pro- tects life , liberty , and property . If all the people of a State , with all their sovereignty , should assemble in convention and make a constitution authorizing the taking of any man's life or liberty by ...
Σελίδα 12
... prohibition of the Federal Constitution , I have not discovered . In the railroad cases , there was no such provision of the State constitution clothing the property with a public interest . It was assumed to be so clothed with a public ...
... prohibition of the Federal Constitution , I have not discovered . In the railroad cases , there was no such provision of the State constitution clothing the property with a public interest . It was assumed to be so clothed with a public ...
Σελίδα 13
... prohibition of the Fourteenth Amendment is subject to no exception whatever . Your presumed consent cannot reach it . We do not hold our lives , our liberty , or our property , by any tenure which will authorize the legislative power to ...
... prohibition of the Fourteenth Amendment is subject to no exception whatever . Your presumed consent cannot reach it . We do not hold our lives , our liberty , or our property , by any tenure which will authorize the legislative power to ...
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affects the community Bill of Rights bond-holders British Parliament carrier exercises charter common carriers common law competition contract conveyance creditors dedication of private doctrine of presumed due process eminent domain erty exclusive privilege fact Federal Constitution Fourteenth Amendment franchise full dominion grain elevators Hackney carriages Illinois impairs the obligations judicial finding land legislative discretion legislative power legislative regulation legislature liberty license limited Lord Hale means mode monopoly mortgage Munn North American Review number of persons opinion owner political prescribe presumed dedication principle private corporation private property private rights process of law prohibition prop property to public property without due public an interest public authority public compact public consequence public enemy public interest public office public regulation public right question railroad corporation railway corporation regard regulate the charges right to regulate road sense sort of public sovereign sovereignty Supreme Court tion United wharfingers
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.