Papers Read at the Eighteenth Annual Meeting [1905] Volume 1-4

Papers Read at the Eighteenth Annual Meeting [1905] Volume 1-4

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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. 1906 edition. Excerpt: ...a state's power to appropriate private property for public purposes is unlimited so long as just compensation is made to the owners. It is clearly within the power of the state, therefore, to reduce a rai1road's rates to any extent whatsoever, provided only that it recompenses the company for whatever property may be taken by means of the imposition of rates. This course, however, has never been taken by any of our states. In other words, no state has yet made provision for payment from the state treasury of amounts required to compensate the railroads for losses due to legislative or commission-made rates. Accordingly this second question has never yet come before the courts. Should, however, a state adopt a plan of compensation and essay to make payment to the companies, there is no doubt that the question would still be open for the courts to decide as to whether the compensation was ample, or " just."33 "' 166 U. S. 226, 241; and see Backus v. Union Depot Co., 169 U. S. 557, 565"The real meaning of the doctrine of judicial review has some But since no legislation has ever been enacted for compensatory payments the only question which has as yet been presented to the courts is the first of those just mentioned: Do the rates deprive the railroad company of property? To answer this question in any particular case requires an understanding of the broader question as to what amounts to a deprivation of railroad property through a reduction of rates. To the consideration of this question we must now devote ourselves. To begin with, it may perhaps hardly be necessary to state that property, as the term is used in the Fourteenth Amendment to the Constitution, signifies more than mere tangible objects....show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236860462
  • 9781236860460