The Coal Mines and the Public: A Popular Statement of the Legal Aspects of the Coal Problem, and of the Rights of Consumers as the Situation Exists Sept. 17, 1902J.B. Millet, 1902 - 63페이지 |
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affirmative action anthracite coal applied bill in equity charge Chicago grain elevator Circuit Court coal carrying railroads coal carrying roads coal mines coal operators coal region combination common carrier common law Congress Constitution consumers of coal counsel court of equity courts of justice damages elevators in Chicago enforce erty exercise existing extent fact Federal fix a maximum Fourteenth Amendment free on board hackney carriage illegal features individuals injunction innkeeper interstate commerce judicial jurisdiction last six months legislation legislature mandamus matter merely miners mining region monopoly particular Pennsylvania coal persons Philadelphia & Reading plaintiffs in error practically present price of coal principles of law procedure proper provision public interest public right question rates real estate receiver regulation remedy respect say the Court sect Sherman Act shipping points situation stoppage supply of coal Supreme Court tickers tion transportation Union Pacific R.R. United voting trust
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18 페이지 - are nothing more or less than the powers of government inherent in every sovereignty, . . . that is to say, . . . the power to govern men and things." Under these powers the government regulates the conduct of its citizens one towards another, and the manner in which each shall use his own property, when such regulation becomes necessary for the public good.
34 페이지 - Indeed, the great office of statutes is to remedy defects in the common law as they are developed, and to adapt it to the changes of time and circumstances. To limit the rate of charge for services rendered in a public employment, or for the use of property in which the public has an interest, is only changing a regulation which existed before. It establishes no new principle in the law, but only gives a new effect to an old one. We know that this is a power which may be abused ; but that is no argument...
33 페이지 - It is insisted, however, that the owner of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question.
19 페이지 - 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.
19 페이지 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is affected with a public interest, it ceases to be juris privati only.
32 페이지 - Queen, or because there is no other wharf in that port, as it may fall out where a port is newly erected ; in that case there cannot be taken arbitrary and excessive duties for cranage, wharfage, pesage, etc., neither can they be enhanced to an immoderate rate; but the duties must be reasonable and moderate, though settled by the King's license or charter.
20 페이지 - 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.
34 페이지 - Rights of property which have beeu created by the common law cannot be taken away without due process; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common...
18 페이지 - England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold. To this day, statutes are to be found in many of the States upon some or all these subjects; and we think it has never yet been successfully contended that such legislation came within any of the constitutional...