 | Montana. Supreme Court - 1916 - 752 páginas
...of Chief Justice Marshall in Providence v. Billings, 4 Pet. (US) 514, at page 561 (7 L. Ed. 939) : 'Its abandonment ought not to be presumed in a case...purpose of the state to abandon it does not appear.' This rule is elementary, and the cases in our reports where it has been considered and applied are... | |
 | Hannis Taylor - 1917 - 1038 páginas
...that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it...purpose of the state to abandon it does not appear." Unless its intention to do so has been declared in positive and unmistakable terms, the legislature... | |
 | Henry Clifford Spurr, Ellsworth Nichols - 1917 - 1278 páginas
...States said : "It would seem that the relinquishment of such a power is never to be assumed . . . but as the whole community is interested in retaining it...purpose of the state to abandon it does not appear." In the case of Charles River Bridge v. Warren Bridge, 11 Pet. 420, 547, 9 L. ed. 773, 824, the same... | |
 | Colorado. Supreme Court - 1918 - 656 páginas
...Providenee Bank v. Billings, 4 Pet. 514, 561, 7 L. Ed. 939, 238 DENVER Co. v. ENGLEWOOD. [62 Colo. 955, ' Its abandonment ought not to be presumed in a case...purpose of the state to abandon it does not appear.' " In the well considered case of Benwood v. Public Service Commission, 75 W. Va. 127, 83 SE 295, and... | |
 | Henry Clifford Spurr, Ellsworth Nichols - 1918 - 1268 páginas
...of the power of regulation being in the government, states: "Its abandonment ought not to PUE1918B. be presumed in a case in which the deliberate purpose of the state to abandon it does not appear." In Eenwood v. Public Service Commission, 75 W. Va. 127, LRA1915C, p. 261, 83 SE 295, speaking of public... | |
 | 1918 - 1264 páginas
...of the power of regulation being in the government, states : "Its abandonment ought not toPUE1918B. be presumed in a case in which the deliberate purpose of the state to abandon it does not appear." In Benwood v. Public Service Commission, 75 W. Va. 127, LEA1915C, p. 261, 83 SE 295, speaking of public... | |
 | William Meade Fletcher - 1919 - 1316 páginas
...of the power. In the words of Chief Justice Marshall in Providence Bank v. Billings, 4 Pet. 514, 561 'its abandonment ought not to be presumed in a case...purpose of the State to abandon it does not appear.' " 51 For instance, a general power given to a corporation by its charter to fix or establish rates... | |
 | 1920 - 1164 páginas
...words of Chief Justice Marshall in Providence Bank v. Billings, 4 Pet. 514, 561, 7 L. ed. 939, 955, 'Its abandonment ought not to be presumed in a case...purpose of the state to abandon it does not appear.' " Upon this point it was said in Interstate Commerce Com. v. Railway Co. 167 US 479, 17 Sup. Ct. 896,... | |
 | Frederick Dumont Smith - 1926 - 598 páginas
...Pittman,8 and which was decided in 1830." He quotes the late Chief Justice in the Providence Bank case: "As the whole community is interested in retaining it...purpose of the State to abandon it does not appear." Then comes a striking note, indicative of Taney's future policy on the bench. For the first time "happiness... | |
 | 1877 - 658 páginas
...undiminished, and has a right to insist that its adandonment shall not be presumed in any case where the deliberate purpose of the state to abandon it does not appear. Providence Bank v. Billings, 4 Peters, 561; The Delaware Bailroad Tas, 18 Wall., 226. Here no such... | |
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We will not say that a state may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it undiminished, that community has a right to insist... 
