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" ... involved has been exercised in such an unreasonable manner as to cause it to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power. "
Cases Argued and Decided in the Supreme Court of the United States - Σελίδα 260
των United States. Supreme Court - 1901
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The Central Law Journal, Τόμος 85

1917 - 498 σελίδες
...manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." This case was immediately followed by Baltimore & Ohio R. Co. v. Pitcairn Coal Co.,30 where the coal...

The Federal Reporter, Τόμος 176

1910 - 1052 σελίδες
...manifested in such an unreasonable manner as to cause It, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." The inquiry is not to be answered by deciding that in the judgment of the court the order is, or is not,...

The Supreme Court Reporter, Τόμος 17

1897 - 1036 σελίδες
...be burdened In this way with a tax much less than that which would be produced If Its property had been subjected to a single ad valorem tax.' This exposition...determines the validity of the exercise of the power." And, summing the whole up, the court concluded (page 700, 155 US, and page 271, 15 Sup. Ct.): "We are...

The Supreme Court Reporter, Τόμος 15

1895 - 1088 σελίδες
...determined by reference to the amount and value of the property. Being thus brought within the míe, the tax becomes substantially a mere tax on property,...charge as to telegraph companies operating less than 1,000 miles of wire, was directed to reach a reasonable commutation of the amount which the company...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 155

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895 - 768 σελίδες
...be burdened in this way with a tax much less than that which would be produced if its property had been subjected to a single ad valorem tax." This exposition...pay if the taxation were ad valorem. The taxation was neither arbitrary nor discriminating, nor, so far as we are advised, was payment made a condition...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 165

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 786 σελίδες
...be burdened in this way with a tax much less than that which would be produced if its property had been subjected to a single ad valorem tax.' This exposition...determines the validity of the exercise of the power." And summing the whole up, the court concluded (p. 700) : " We are of opinion that it was within the...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 167

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 810 σελίδες
...heard in his defence ? As said by this court in Adams v. Postal Telegraph Cable Co. 155 US 689, 698 : " The substance and not the shadow determines the validity of the exercise of the power." The case at bar is within the principle of the decision in Windsor v. McVeigh, supra. It is also controlled...

Atlantic Reporter, Τόμος 99

1917 - 1170 σελίδες
...the Commission; (3) because It la so unreasonable that It comes — "within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." No other question is within the appellant's brief. By statute the findings of fact by the Commission...

Atlantic Reporter, Τόμος 94

1915 - 1132 σελίδες
...manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power. * * * Plain as it is that the powers just stated are of the essence of judicial authority, and which,...

Harvard Law Review, Τόμος 27

1914 - 812 σελίδες
...been exercised in such an unreasonable manner as to cause it to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." 18 Recourse to the courts to settle these questions is itself governed by these principles. The vindication...




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