Rate Regulation as Affected by the Distribution of Governmental Powers in the ConstitutionsT. & J.W. Johnson Company, 1908 - 44 halaman |
Edisi yang lain - Lihat semua
Rate Regulation as Affected by the Distribution of Governmental Powers in ... Robert P. Reeder Pratinjau tidak tersedia - 2017 |
Rate Regulation as Affected by the Distribution of Governmental Powers in ... Robert P. Reeder Pratinjau tidak tersedia - 2016 |
Istilah dan frasa umum
38 Minn 62 Miss 9 Sup Administrative Law administrative organ adopted Bondy carrier Cass County charge Chicago & N. W. cited in note Code of Federal commerce clause commissioners commissions to name common carrier common law Comrs Congress considered constitutionally Cooley County decided decisions declared unconstitutional delegate legislative power delegation of legislative delegation of power discretion entrusted established exercise fact federal courts Federal Procedure fixed Glouceste County Goodnow Governmental Powers grant of power Hood River infra Interstate Commerce Interstate Commerce Act interstate rate Iowa judicial lative legislature Mendocino County name specific rates Ohio St opinion organ of government question of delegation railroad commission Railroad Comn railroad rates rate regulation reasonable rates rule Saratoga G Savannah Southard Stats statute supra Supreme Court sustained legislation tion tive Trinity County United validity W. R. Co Wayman
Bagian yang populer
Halaman 24 - The line has not been exactly drawn which separates those important subjects, which must be entirely regulated by the legislature itself, from those of less interest, in which a general provision may be made, and power given to those who are to act under such general provisions to fill up the details.
Halaman 31 - The true distinction, therefore, is between the delegation of power to make the law, which necessarily involves a discretion as to what the law shall be, and conferring an authority or discretion as to its execution to be exercised under and In pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Halaman 37 - Necessarily regarding many things, especially ^fleeting local or individual interests, the Legislature may act either mediately or immediately. We see then, that while the Legislature may not divest itself of its proper functions, or delegate its general legislative authority, it may still authorize others to do those things which it might properly, yet cannot understandingly, or advantageously, do itself. Without this power, legislation would become oppressive, and yet imbecile.
Halaman 24 - The elementary proposition that railroads from the public nature of the business by them carried on, and the interest which the public have in their operation, are subject, as to their state business, to state regulation, which may be exerted either directly by the legislative authority or by administrative bodies, endowed with power to that end, is not and could not be successfully questioned in view of the long line of authorities sustaining that doctrine.
Halaman 8 - It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act.
Halaman 32 - is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring authority or discretion as to its execution to be exercised under and in pursuance of the law. The first can not be done; to the latter no valid objection can be made.
Halaman 9 - The courts are not authorized to revise or change the body of rates imposed by a legislature or a commission; they do not determine whether one rate is preferable to...
Halaman 42 - No one who understands the intricacies of transportation would care to assert that the determination of a just rate, or the decision as to what constitutes discrimination, is an easy task. To some extent the principles upon which taxation rests must be allowed in fixing a just rate...
Halaman 18 - There were three obvious and dissimilar courses open for consideration. Congress might itself prescribe the rates; or it might commit to some subordinate tribunal this duty; or it might leave with the companies the right to fix rates, subject to regulations and restrictions, as well as to that rule which is as old as the existence of common carriers, to wit, that rates must be reasonable.
Halaman 33 - The vice of the provision lies in the regulation of the rates between points wholly within the State, by the rates which obtain between points outside of and those which are within the State. The facts in this case have been thus fully referred to for the purpose of showing how directly and also how injuriously such a provision might affect interstate commerce. Other cases may be supposed, where the effect might not be so oppressive. But the fact which vitiates the provision is that it...