A Treatise on the Limitations of Police Power in the United States: Considered from Both a Civil and Criminal StandpointF.H. Thomas Law Book Company, 1886 - 662 pages |
From inside the book
Results 1-5 of 77
Page 3
... respect to the exercise of the power , a large and practical experience is likely to make one recklessly disregardful of pri- vate rights and constitutional limitations . provision for the public security and welfare in its daily § 1 ...
... respect to the exercise of the power , a large and practical experience is likely to make one recklessly disregardful of pri- vate rights and constitutional limitations . provision for the public security and welfare in its daily § 1 ...
Page 7
... respect- able judges , the current of authority , as well as substan- tial constitutional reasoning , is decidedly opposed to the doctrine . It may now be considered as an established . principle of American law that the courts , in the ...
... respect- able judges , the current of authority , as well as substan- tial constitutional reasoning , is decidedly opposed to the doctrine . It may now be considered as an established . principle of American law that the courts , in the ...
Page 24
... respect to the constitutional right to impose the penalty of corporal punishment for crime , Judge Cooley says : " We may well doubt the right to establish the whipping post and the pillory in the States in which they were never ...
... respect to the constitutional right to impose the penalty of corporal punishment for crime , Judge Cooley says : " We may well doubt the right to establish the whipping post and the pillory in the States in which they were never ...
Page 36
... respect to slanderous or libelous matter as to remove the regular and usual presumption of malice , and to make it incumbent on the party complaining to show malice . " Daniel , J. , in White v . Nichols , 3 How . 266 , 287. See Lewis v ...
... respect to slanderous or libelous matter as to remove the regular and usual presumption of malice , and to make it incumbent on the party complaining to show malice . " Daniel , J. , in White v . Nichols , 3 How . 266 , 287. See Lewis v ...
Page 37
... respect to the subject - matter of the inquiry . " All that is necessary to entitle such communications to be regarded as privileged is , that the relation of the parties should be such as to afford reasonable ground for supposing an ...
... respect to the subject - matter of the inquiry . " All that is necessary to entitle such communications to be regarded as privileged is , that the relation of the parties should be such as to afford reasonable ground for supposing an ...
Contents
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Other editions - View all
A Treatise on the Limitations of Police Power in the United States Christopher Gustavus Tiedeman No preview available - 2015 |
A Treatise on the Limitations of Police Power in the United States ... Christopher Gustavus Tiedeman No preview available - 2001 |
Common terms and phrases
apply authority character child citizen common law Commonwealth confined Congress Conn constitutional limitations constitutionality construction contract Cooley Const corporation court crime criminal declared duty eminent domain enactment enforcement enjoyment erty exercise of police fee simple grant Gratt held highway imposed individual injury interest interference intoxicating Iowa judicial justify land legal tender legislative legislature liberty license liquor marriage Mass ment natural right navigable necessary nuisance offense Ohio St owner parent personal property police power police regulation prevent principle private property privilege prohibited prosecution protection punishment purpose question R. R. Co railroad Real Prop real property reasonable religious right of eminent right of property rule statute stream street taxation tenancy Tiedeman on Real tion trade U. S. Const uncon unconstitutional United unlawful Veazie Bank vested right violation Wall Wend
Popular passages
Page 71 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 71 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Page 229 - 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.
Page 231 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 471 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Page 626 - That all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States, respectively, wherein such pilots may be, or with such laws as the States may respectively hereafter enact for the purpose, until further legislative provision shall be made by congress.
Page 11 - All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Page 141 - Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness...
Page 235 - 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, he must submit to the control.
Page 2 - It extends to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the state; and persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. Of the perfect right of the legislature to do this no question ever was, or upon acknowledged general principles, ever can be made, so far as natural persons are concerned.