Proceedings of the ... Annual Sessions of the Texas Bar Association, Volume 9,Bagian 1890order of the Association, 1890 |
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adopted amendment annual meeting annual session appellee ARTICLE assignment of error authorities B. D. Tarlton bill Board of Directors Brenham By-Laws Castroville chairman Chas Clarksville Commercial Law Committee on Commercial Committee on Jurisprudence common carriers constitution Corsicana creditor Dallas Dallas Green defendant delegates duty Education and Admission elected filed Fort Worth freight and passenger Galveston Austin George Goldthwaite Hillsboro Houston interest interrogatories J. H. McLeary Judge Terhune Jurisprudence and Law justice Kleberg L. B. Davis La Grange Law Reform lawyer legislative Legislature Legislature of Texas levy Lightfoot Morse motion National Bar Association Norman G notice occupation tax officers party passenger tariffs person practice present President proceedings profession proper proposition question railway rates reasonable recommend record regulate freight Robt rules San Antonio Secretary SECTION SETH SHEPARD statement statute stenographer suit Supreme Court Texas Bar Association tion Waco writ
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Halaman 45 - 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.
Halaman 45 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Halaman 41 - Railways heretofore constructed or that may hereafter be constructed in* this State are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law.
Halaman 16 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Halaman 48 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving, as it does, the clement of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Halaman 47 - It is insisted, however, that the owner of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question. As has already been shown, the practice has been otherwise.
Halaman 48 - It deprives the company of its right to a judicial investigation, by due process of law, under the forms and with the machinery provided by the wisdom of successive ages for the investigation, judicially, of the truth of a matter in controversy...
Halaman 18 - But there have been lawyers that were orators, philosophers, historians: there have been Bacons and Clarendons. There will be none such any more, till in some better age true ambition, or the love of fame, prevails over avarice; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground (so my Lord Bacon calls it) of Science, instead of grovelling all their lives below, in a mean but gainful application of all the little...
Halaman 41 - And the General Assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.
Halaman 41 - The legislature shall pass laws to regulate railroad freight and passenger tariffs, to correct abuses, and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state...