Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Band 13

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Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1914

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Inhalt

Withdrawal of the profession
19
Reasonable notice of withdrawal
20
CHAPTER III
22
Character of the obligation
23
Real party in interest
24
Nature of the relationship
25
Special needs of travelers
26
Peculiar rights of occupiers
27
Obligations toward dependent services
28
Furnishing of incidental services
29
Rights of connecting services
30
Arrangements for through service
31
CHAPTER IV
33
Service asked at proper time
34
Service demanded at proper place
35
Application in proper form
36
Reasonable conditions may be imposed
37
Prepayment a universal condition
38
Waiver of prepayment possible
39
The unit of service
40
Payment of arrearages demanded
41
PART II
43
Acceptance as common carrier
44
Delivery to the carrier
45
Basis of the undertaking
46
Whether relationship is established
47
Service under unusual conditions
48
Special arrangements for particular service
49
CHAPTER VI
51
Scope of regulations limited
52
Reasonable enforcement of regulations
53
Conditions upon acceptance
54
Times established for service
55
Limitations upon supplying services
56
Regulations relating to prepayment
57
Excess charge for cash fare
58
Effect of agents mistake
59
Mistakes of the conductors
60
CHAPTER VII
62
Delay in performing service
63
Deviation from the undertaking
65
SECTION PAGE 66 Negligence in not avoiding
66
Proper protection of patrons
67
Liability for injuries by own servants
68
Protection from third parties
69
Avoidance of threatened harm
70
Injuries outside the employment
71
Peculiar protection under special circumstances
72
CHAPTER VIII
73
Liability as an insurer
74
Only compensated service insured
75
Carriage of baggage compensated
76
Abnormal liability rigidly confined
77
Public businesses requiring peculiar care
78
Act of God as an excuse
79
Damage by public enemies
80
Vice of the property
81
CHAPTER IX
83
Special contract must be found
84
Policy against excepting negligence
85
Invalidity of special stipulations
86
Limitation of amount recoverable
87
Other stipulations as to liability
88
Restrictions applicable to special service
89
Liability in gratuitous service
90
Liability to their employees
91
Real basis of the service
92
TERMINATION OF THE SERVICE SECTION PAGE 97 When the undertaking is over
94
Reasonable time after notice
95
Obligation of personal delivery
96
Surrender of goods
97
Performance according to instructions
98
Delivery to the designated person
99
PART III
101
Subservience to governmental authority
102
Statutes expressly controlling service
103
Promotion of immoral business
104
Service involving special danger
105
Protection from diseased persons
106
Persons under physical disability
107
Refusal to receive because of strike
108
Service disadvantageous to perform
109
Business policies inconsistent with public employ ment
110
CHAPTER XII
112
The expansion of present facilities
114
SECTION PAGE 120 Equipment for expected business
115
Establishment of railroad stations
116
Power to order stations
117
Arrangements for deliyering freight
118
Priorities given in emergencies
119
Ordinary course of performing service
120
Assignment of facilities
121
Rules for car distribution
122
CHAPTER XIII
123
Reasonableness of the schedule as a whole
124
Fair percentage of return
125
What are operating costs
126
Annual charges for amortization
127
Theories as to rate making
128
Proper proportion of total costs
129
The rate as an entirety
130
CHAPTER XIV
132
What constitutes illegal discrimination
133
Special concessions to large customers
134
Lower rates to exclusive customers
135
Service in more convenient units
136
Allowances made for facilities
137
Difference in rate between freight classes
138
Unjust rates between localities
139
Relative discrimination inconsistent with public duty
140
Bibliography
141
DEFINITION EVOLUTION CREATION DISSOLUTION ELECTION SECTION PAGE 1 Definition
143
Same subjectEstablishment and nature
144
Creation
145
Who may grant charters
146
Legislative discretion
148
Legislative powerHow exercised
149
General charter
150
Compliance with conditions
151
Popular consent
152
ValidityHow tested
153
Division of territory
154
Consolidation
155
Dissolution
156
CHAPTER II
157
American charters
158
Municipal powers
159
Corporate powers classes of
160
SECTION PAGE 22 Land and people
162
Judicial notice
163
Powers classified
164
Repeal of charter
165
Governmental supervision
166
Officers
167
Municipal funds
168
Franchises
169
Imposed obligations
170
Property
171
Public highways
172
CHAPTER III
174
Mayor and council
175
Ordinances
176
Essentials of valid ordinance
177
Ordinance must not be unreasonable
180
What are reasonable and valid ordinances
181
Procedure
184
Officers classified
185
Officers de facto
186
Title to office
187
Judicial control
188
Liability on contracts
189
CHAPTER IV
191
Estoppel
192
Partial validity
194
Agents
196
Illegal contracts
198
Annulling contracts
199
Money contracts
200
Municipal improvements
201
Power to make or aid improvements
202
Conditions of contract for improvements
204
No damages for improvements
206
Special assessments
208
Collection of same
210
CHAPTER V
212
Municipal attribute
213
Summary power
214
Peace and order
215
Sanitation
216
Parks
227
Public buildings
228
CHAPTER VI
229
Municipal duties
231
Municipal performance of governmental duty
232
Reasonable care of streets
233
Obstructions
234
Sidewalks
235
Bridges and viaducts
237
Drains and sewers
238
Respondeat superior
239
Ultra vires
240
CHAPTER VII
243
Municipal bonds
244
Power to issue bonds
245
Municipal warrants
246
FundsCreditors
247
Expenses
248
Budget
249
SECTION PAGE 113 Taxing power
250
Public purpose only
251
What are public purposes
252
Subjects of taxation
254
Express and implied power
255
License tax
256
Assessment and collection
257
Bibliography
258
LAW OF PUBLIC OFFICERS AND ELECTIONS INTRODUCTORY SECTION PAGE 1 Increasing importance of the subject
259
CHAPTER I
262
Why the distinction is important
264
Right to office not a property right
267
CHAPTER II
269
Who is a public officer
270
Classification of public officers
273
Method of filling offices
274
Nominations
275
Effect of nominations
276
Who may vote for public officers
278
Registration
279
Question of reasonableness
281
Minority representation and cumulative voting
283
Majority and plurality
286
Assistance to voters
288
Canvassing of votes
289
How to compel canvassing board to act
290
SECTION PAGE 20 What constitutes an election
291
Advantages and disadvantages of elections
292
Appointment to office
294
Exercise of power compulsory
295
Form of appointment
297
The commission
299
Title to office determined by quo warranto
300
CHAPTER III
302
When a vacancy happens
303
Anticipatory vacancies
304
CHAPTER IV
306
Who are eligible to office
308
Age qualification
311
Citizenship as a qualification
312
Property qualifications
315
Educational qualifications
316
Religious qualifications
317
Unfitness as a disqualification
319
Bribery as a disqualification
320
Other crimes as a disqualification
321
DE FACTO OFFICERS SECTION PAGE 46 Who are de facto officers
323
Effects of acts of de facto officers
324
Possession necessary
325
Powers rights and duties
326
CHAPTER VI
328
Not a contractual right
329
Assignment of salaries
331
Salaries not attachable
332
Pensions
333
CHAPTER VII
335
Territorial limitations
336
Limitations due to separation of powers
338
Acts in excess of authority
341
CHAPTER VIII
343
When only apparently discretionary
344
Ministerial duties of judicial officers
346
LIABILITIES OF PUBLIC OFFICERS SECTION PAGE 65 Protection of individual rights
349
Liability for acts in excess of jurisdiction
351
Distinction between excess and absence of jurisdic tion
354
Liability of judicial officers to the state
356
Recall of judges
357
Liability of officers other than judicial
358
Conclusiveness of acts of quasijudicial boards
359
Manner of acting as affecting liability
361
Liability for ministerial acts
362
What are ministerial acts
363
Liability for acts of subordinates
364
Form of official liability
365
Liability on contract
366
Liability in tort
367
CHAPTER X
369
Liability of municipalities and quasicorporate bodies
371
Nonliability for acts of health officers
374
Nonliability for acts of fire officials
375
Apparent conflict in authorities
376
Liability under maritime law
377
CHAPTER XI
381
Courts will not enjoin passing of an ordinance
382
SECTION PAGE 89 Courts slow to enjoin collection of a tax
383
Control of officers by certiorari
385
By habeas corpus
386
Control of officers by mandamus
388
Control by prohibition
389
CHAPTER XII
392
Abandonment of office
393
Removal at will
394
Removal for cause
395
Sufficiency of cause
396
Suspension
397
Impeachment
398
Recall
399
Resignation
400
Bibliography
402
PARLIAMENTARY LAW CHAPTER I
403
Organization of assembliesMembers
404
Officers
405
Control of meeting place
407
Order of business
409
Presiding officerConduct and rights
410
MembersTheir rights and duties
411
CHAPTER II
413
The floor How obtained
414
Making the motion
415
Petitions
416
BusinessWhen in possession of the house
417
QuestionsHow put
418
Voting by roll call
419
When the presiding officer votes
420
SUBSIDIARY MOTIONS
421
CHAPTER IV
429
SPECIAL MOTIONS
437
1
440
Committee of the whole
443
Leading Illustrative Cases Table of Contents
483
TITLE OF CASE PAGE
488
ESTABLISHMENT OF PUBLIC DUTY
493
The InterOcean Publishing Co v The Associated Press
500
Memphis News Publishing Company v Southern Railway
505
CHAPTER III
511
ciples of Administrative Law Control of the Market Public Service
516
Tennessee Ohio Transportation Company
517
Clinton Electric Light Heat and Power Company
523
PART II
529
Bennett
530
Southern Railway Co
536
CHAPTER VII
542
So No Alabama Railroad
548
SPECIAL LIMITATION OF LIABILITY
555
Express Company v Caldwell
561
Cheney
567
Mobile Ohio Railroad Company
573
North Missouri Railroad Co
577
Shepard
583
Atlantic Coast Line Railroad Company v Florida
590
Peters et al v City of St Louis et al
632
Town of Meredith
642
Darling et al v The Mayor and City Council of Baltimore
651
TITLE OF CASE PAGE
693
Potts et al v Breen et al
700
CHAPTER XI
707
Russell
717
State Railroad Tax Cases
723
Index
733
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Seite 496 - 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.
Seite 497 - 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. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use,...
Seite 604 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Seite 662 - ... to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, either with penalties or without ; so as the same be not repugnant or contrary to this constitution, as they sh;ill judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Seite 720 - Government is instituted for the common good, for the protection, safety, prosperity, and happiness of the people and not for the profit, honor or private interest of any one man, family, or class of men...
Seite 675 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Seite 713 - SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace.
Seite 346 - The conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us or in equivalent language, whenever the public interest or individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory.
Seite 286 - It was there declared and decided, that " all qualified voters, who absent themselves from an election duly called, are presumed to assent to the expressed will of the majority of those voting, unless the law providing for the election otherwise declares. Any other rule would be productive of the greatest inconvenience, and ought not to be adopted, unless the legislative will to that effect is clearly expressed,
Seite 497 - But we need not go further. Enough has already been said to show that, when private property is devoted to a public use, it is subject to public regulation. It remains only to ascertain whether the warehouses of these plaintiffs in error, and the business which is carried on there, come within the operation of this principle.

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