The Regulation of Inter-state Railroads by the National Government: An Essay Awarded the Prize for 1880 by the New York State Bar AssociationArgus Company, 1881 - 36페이지 |
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advantages affected anthracite coal arbitrary action arise attorney-general Birmingham bunal bureau business of transportation change in rates Chicago citizens civil action combinations common law competing lines competition discriminations dition duty economic conditions enterprise equality of treatment evils exercise expediency favor foreign commerce freight rates functions give governmental Herbert Spencer human important industry inevitable influence legislation Internal Commerce justice Kansas Pacific legislature manufacturers matter means merchants minimum rate Missouri natural natural laws objection officials Ohio Orleans penalties portation power to regulate prevent aggression principles private person Prohibit questions rail railroad corporations railroad management railroad power railroad problem railroad wars Railway rates and charges regulate commerce Report on Internal republican roads selfish shippers small dealers STANFORD UNIVERSITY statute subject to impeachment Supreme Court tion trans transportation and commerce trunk lines United usurp vested in Congress violation wisdom wise wrong York
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6 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.
23 페이지 - Government could scarcely deserve the nam,e of a National Government and would soon sink into discredit and imbecility. It would stand as a mere shadow of sovereignty to mock our hopes and involve us in a common ruin.
6 페이지 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
24 페이지 - We seem not to reflect that in human society there is scarcely any plan, however salutary to the whole and to every part, by the share each has in the common prosperity, but in one way, or another, and under particular circumstances, will operate more to the benefit of some parts than of others. Unless we can overcome this narrow disposition and learn to estimate measures by their general tendencies, we shall never be a great or a happy people, if we remain a people at all.
23 페이지 - But these regulations are but imperfectly obeyed, and great public mischiefs have followed. Indeed, without this power to regulate commerce among the States, the power of regulating foreign commerce would be incomplete and ineffectual. The very laws of the Union in regard to the latter, whether for revenue, for restriction, for retaliation, or for encouragement of domestic products or pursuits, might be evaded at pleasure, or rendered impotent. In short, in a practical view, it is impossible to separate...
15 페이지 - It is further in evidence that it has been the custom of the managers of the Erie railway, from year to year in the past, to spend large sums to control elections and to influence legislation. In the year 1868 more than one million dollars was disbursed from the treasury for 'extra and legal servicea' For interesting items see Mr.
5 페이지 - There are some, who maintain, that trade will regulate itself, and is not to be benefitted by the encouragements, or restraints of government. Such persons will imagine, that there is no need of a common directing power.
5 페이지 - There are some who maintain that trade will regulate itself, and is not to be benefited by the encouragements or restraints of government. Such persons will imagine that there is no need of a common directing power. This is one of those wild speculative paradoxes, which have grown into credit among us, contrary to the uniform practice and sense of the most enlightened nations.
15 페이지 - The memory of this witness was very defective as to details, and he could only remember large transactions; but could distinctly recall that he had been in the habit of sending money into the numerous districts all over the State, either to control nominations or elections for Senators and members of Assembly. Considered that, as a rule, such investments paid better than to wait till the men got to Albany...
4 페이지 - A good government never puts forth its extraordinary powers, except under circumstances which require it. That government is the best which, while performing all its duties, interferes the least with the lawful pursuits of its people.