Annual Report of the Railroad Commissioner of the State of Virginia

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R.F. Walker, Superintendent Public Printing, 1881
 

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Halaman 28 - The power to regulate commerce among the several States was vested in Congress in order to secure equality and freedom in commercial intercourse against discriminating State legislation; it was never intended that the power should be Opinion of the court.
Halaman 179 - Average rate of speed adopted by ordinary passenger trains, including stops, (miles per hour,) 20 Rate of speed of same, when in motion, 28 Average rate of...
Halaman 26 - The power of alteration and amendment is not without limit. The alterations must be reasonable ; they must be made in good faith, and be consistent with the scope and object of the act of incorporation. Sheer oppression and wrong cannot be inflicted under the guise of amendment or alteration. Beyond the sphere of the reserved powers, the vested rights of property of corporations, in such cases, are surrounded by the same sanctions and are as inviolable as in other cases.
Halaman 19 - A public highway cannot be private property, and a railroad laid out and built by the authority of the State for the purpose of commerce, is as much a public highway as a turnpike road, canal, or navigable river. It is the duty of the State to promote intercourse and trade, by making highways of the best sort through her territory. To this end she may take land and materials, which is an exercise of the power of eminent domain. She can build a railway at her own expense, using the direct agency of...
Halaman 244 - Rate of speed of same when in motion 15 Average weight, in tons, of passenger trains, exclusive of passengers and baggage...
Halaman 30 - American legislation has been inspired by the theory that the railroad corporation is nothing but an overgrown common-carrier, who has in some way got the monopoly of a highway, and, being crazed by sudden and illgotten gains, has forgotten his proper place in life ; of which he must forthwith be reminded through an exercise of political power.
Halaman 27 - ... companies are carriers for hire. They are incorporated as such, and given extraordinary powers, in order that they may the better serve the public in that capacity. They are, therefore, engaged in a public employment affecting the public interest, and, under the decision in Munn v. Illinois, supra, p. 113, subject to legislative control as to their rates of fare and freight, unless protected by their charters.
Halaman 18 - In the discussion of this question we shall endeavor to maintain the following propositions: First. That the powers of Congress, whatever they may be, are derived directly from the people of the several States, and not from the states themselves. Second. That prior to the adoption of the Constitution, the powers now possessed by the General Government constituted a part of the supreme sovereignty which resided in the people of the several...
Halaman 18 - ... the instrument itself, should have great influence in the construction. We know of no reason for excluding this rule from the present case. The grant does not convey power which might be beneficial to the grantor, if retained by himself, or which can inure solely to the benefit of the grantee ; but is an investment of power for the general advantage, in the hands 19 9 Wh.
Halaman 9 - ... any part of any charter or act of incorporation granted agreeably to the provisions of the act " shall be subject to be altered, amended, or modified by any future legislation as to them shall seem proper, except so much thereof as prescribes the rate of compensation or tolls for transportation.

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