Railroad Rate Control in Its Legal Aspects: a Study of the Effect of ...
Railroad Rate Control in Its Legal Aspects: a Study of the Effect of ...
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In our eReader you can find the full English version of the book. Read Railroad Rate Control in Its Legal Aspects: a Study of the Effect of ... Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Railroad Rate Control in Its Legal Aspects: a Study of the Effect of ...
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Digitized by Google 375] '^^ Doctrine of Judicial Review 49 ** It has always been recognized that, if a carrier at- tempted to charge an unreasonable sum, the courts had jurisdiction to inquire into that matter. . . . The prov- ince of the courts is not changed, nor the limit of judicial inquiry altered, because the legislature, instead of the carrier, prescribes the rates." Giving full weight to these dicta of Justices Blatchford and Brewer, it may nevertheless be safely said that their view a...s to the inherent competence of the courts in rate cases, irrespective of constitutional provisions, has not been adopted by the 'Court. It is at least certain that the Court has not felt that it could safely repose its authority upon the basis of the theory, and has sought for a firmer foundation. And indeed it must be admitted that the theory cannot command acceptance. It can hardly be maintained in the face of the historical fact that until very recent years it was never supposed that the judiciary could control the legislature in its regulation of quasi- public property.
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You can find similar books in the "Read Also" column, or choose other free books by Harrison Standish Smalley to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Digitized by Google 375] '^^ Doctrine of Judicial Review 49 ** It has always been recognized that, if a carrier at- tempted to charge an unreasonable sum, the courts had jurisdiction to inquire into that matter. . . . The prov- ince of the courts is not changed, nor the limit of judicial inquiry altered, because the legislature, instead of the carrier, prescribes the rates." Giving full weight to these dicta of Justices Blatchford and Brewer, it may nevertheless be safely said that their view a...s to the inherent competence of the courts in rate cases, irrespective of constitutional provisions, has not been adopted by the 'Court. It is at least certain that the Court has not felt that it could safely repose its authority upon the basis of the theory, and has sought for a firmer foundation. And indeed it must be admitted that the theory cannot command acceptance. It can hardly be maintained in the face of the historical fact that until very recent years it was never supposed that the judiciary could control the legislature in its regulation of quasi- public property.
What to read after Railroad Rate Control in Its Legal Aspects: a Study of the Effect of ...?
You can find similar books in the "Read Also" column, or choose other free books by Harrison Standish Smalley to read onlineMoreLess
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