Lawyers' Reports Annotated Volume 11

Lawyers' Reports Annotated Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...that regard. It has been usual to create corporations, grant privileges and limit powers by special Act of the Legislature; it was then provided by the Constitution that no special Act of Incorporation should be passed, and that all corporations should be formed under general laws. In pursuance of the changed policy, the Act was passed providing for the organization of railway companies. As the powers of corporations were conferred and defined by general laws, so the State indicated its policy to regulate their enjovmentand exercise by laws lilkewise general. The provision relied upon b the appellant, from the Act of July 23, 186, authorizing railway companies to regulate passenger fares, was general in its terms and applied to all railroads in the State. The Act in question, though it classifies roads for the purpose of regulation, is general, for it prescribes the same regulations as applicable to each member of a class. It would therefore be unreasonable to test the rate fixed for any class by its effect upon a single member of the class. One member might be so situated that at a given rate of fares its earnings would be large; while another member, at the same rate, but affected by difierent conditions, perhaps temporary, --such as destructive competition, wasteful management or limited business, could notearn expenses. Neither of said members, the one enjoying favorable circumstances, nor the one sufierin from unfavorable circumstances, would furnish the proper criterion b which to judge the rate proposed; whether it would be just or unjust should be determined by its effects upon those operating under usual and ordinary conditions. The appellant nowhere alleges that the rate fixed b the Act in question is unjust as applied to ot er.
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Product details

  • Paperback | 854 pages
  • 189 x 246 x 43mm | 1,492g
  • United States
  • English
  • black & white illustrations
  • 1236755111
  • 9781236755117