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" This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretence of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither... "
Annual Report - Page 128
by Railroad Commission of the State of Florida - 1890
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1833 - 812 pages
...116 U. S. 325. He added, however: "From what has thus been said it is not to be inferred that this power of limitation or regulation is itself without...and freights, the State cannot require a railroad company to carry persons and property without reward ; neither can it do that which in law amounts...
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Public Documents of Massachusetts, Volume 5

Massachusetts - 1894 - 950 pages
...reasonable rates. See Pennsylvania Railroad v. Miller, 132 US 75. It was also said that '4 Under pretence of regulating fares and freights, the State cannot require a railroad corporation to carry persons and property without reward ; neither can it do that which in law amounts to a taking of private property...
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Albany Law Journal, Volume 41

1890 - 548 pages
...thus been said, it is not to be inferred that this power of limiiation or regulation is itself withont limit. This power to regulate is not a power to destroy,...railroad corporation to carry persons or property withont reward ; neither can it do that which in law amonnts to a taking of private property for public...
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The Supreme Court Reporter, Volume 17

1897 - 1036 pages
...interstate commerce." But it took care, also, to announce that "it is not to be Inferred that this power of limitation or regulation is Itself without...not a power to destroy, and limitation Is not the équivalent of confiscation. Under the pretense of regulating fares and freights, the state cannot...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1897 - 790 pages
...or interstate commerce." But it took care also to announce that " it is not to be inferred that this power of limitation or regulation is itself without...limitation is not the equivalent of confiscation. Under the pretence of regulating fares and freights, the State cannot require a railroad to carry persons...
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The Northeastern Reporter, Volume 35

1894 - 1172 pages
...reasonable rates. See Railroad Co. v. Miller, 132 US 75, 10 Sup. Ct. Rep. 34. It was also said that, "under pretense of regulating fares and freights,...cannot require a railroad corporation to carry persons and property without reward; neither can it do that which In the law amounts to a taking of private...
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Annual Report of the President and Directors of the Chicago & Alton Railroad Co

Chicago and Alton Railroad Company - 1886 - 470 pages
...who delivered the opinion of the Court: " From what has been said, it must not be inferred that this power of "limitation or regulation is itself without...pretense of regulating fares and freights, the State can not "require a railroad corporation to carry persons or property without reward; "neither can it...
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An Introduction to the Constitutional Law of the United States: Especially ...

John Norton Pomeroy, Edmund Hatch Bennett - 1886 - 764 pages
...reasonable has not been surrendered. From what has thus been said, it is not to be inferred that this power of limitation or regulation is itself without...limitation is not the equivalent of confiscation. Under pretence of regulating fares and freights, the state cannot require a railroad corporation to carry...
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A Treatise on the Law of Private Corporations, Volume 2

Victor Morawetz - 1886 - 642 pages
...Company, Chief Justice Waite said : " From what has thus been said, it is not to be inferred that this power of limitation or regulation is itself without...limitation is not the equivalent of confiscation. 1 See the cases cited in the pre- Union Tel. Co. v. Axtell, 69 Ind. ceding section. 199; State v. Bell...
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American Constitutional Law, Volume 2

John Innes Clark Hare - 1888 - 764 pages
...unreasonable, or be in effect a taking of private property for public use without compensation. "The power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation." 1 Difficult as it may be to fix the limit, we may presume that it would be transgressed by an act reducing...
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