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 13Eugene Allen Gilmore, William Charles Wermuth Blackstone Institute, 1914 |
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... grant charters . 146 5. Legislative discretion .... 6. Legislative power - How exercised . 7. General charter ... 8. Constitutional provisions . 9. Compliance with conditions .. 10. Corporations by implication . 11. Popular consent ...
... grant charters . 146 5. Legislative discretion .... 6. Legislative power - How exercised . 7. General charter ... 8. Constitutional provisions . 9. Compliance with conditions .. 10. Corporations by implication . 11. Popular consent ...
Seite 11
... grant from the public treasury . The common argument is that because these businesses have been granted these privileges they have thereby acquired their public character . It is submitted , however , that under our constitutional ...
... grant from the public treasury . The common argument is that because these businesses have been granted these privileges they have thereby acquired their public character . It is submitted , however , that under our constitutional ...
Seite 134
... grant a departure from it . The shipper's remedy is a complaint to the commission , which will result , if successful , in a reduction in the future and in dam- ages for past unfair exactions . It follows that not only are rebates to ...
... grant a departure from it . The shipper's remedy is a complaint to the commission , which will result , if successful , in a reduction in the future and in dam- ages for past unfair exactions . It follows that not only are rebates to ...
Seite 146
... grant of governmental authority as the essential condition of its being . The legislature has a discretion , uncontrolled by any con- stitutional limitations , to decide when a given locality has a sufficient number of inhabitants to ...
... grant of governmental authority as the essential condition of its being . The legislature has a discretion , uncontrolled by any con- stitutional limitations , to decide when a given locality has a sufficient number of inhabitants to ...
Seite 152
... grant may not fail . 11. Popular consent . - Except in those states where the constitution requires popular assent to the creation of a municipality , it is not necessary that a special charter shall be assented to by the people . Since ...
... grant may not fail . 11. Popular consent . - Except in those states where the constitution requires popular assent to the creation of a municipality , it is not necessary that a special charter shall be assented to by the people . Since ...
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Andere Ausgaben - Alle anzeigen
Modern American Law: A Systematic and Comprehensive Commentary on ..., Band 10 Eugene Allen Gilmore,William Charles Wermuth Keine Leseprobe verfügbar - 2015 |
Häufige Begriffe und Wortgruppen
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Beliebte Passagen
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.