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Charles E. Hughes: The Statesman, as Shown in the Opinions of the Jurist
William Lynn Ransom
Obegränsad förhandsgranskning - 1916
action affirmed Amendment applied Argued authority carriers charged Circuit City Commission common Company concerned concurring Congress Constitution construction contract conviction corporation Court of Appeals dealing Decided decision denied determined direct dissent District duty effect employé employer enactment enforcement entitled established evidence exercise exist expressed fact fair Federal followed give grant held Holding Holmes injuries intent interstate commerce intrastate issue judge Judgment judicial jurisdiction Justice Hughes labour legislation legislature limits lines Majority matter means measure ment Minority nature operation opinion otherwise persons plaintiff practical prescribed present principles prohibition protection question railroad rates reasonable regard regulation relation Reported require respect reversed rule secure statute Substance Supreme Court sustaining tion tort trade traffic transportation trial United unless White writing York
Sida 21 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Sida 15 - Incidentally, they may become connected with interstate commerce, but not necessarily so. Their regulation is a thing of domestic concern, and, certainly, until Congress acts in reference to their interstate relations, the State may exercise all the powers of government over them, even though in so doing it may indirectly operate upon commerce outside its immediate jurisdiction.
Sida 5 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally...
Sida 61 - The scope of judicial inquiry in deciding the question of power is not to be confused with the scope of legislative considerations in dealing with the matter of policy. Whether the enactment is wise or unwise, whether it is based on sound economic theory, whether it is the best means to achieve the desired result, whether, in short, the legislative discretion within its prescribed limits should be exercised in a particular manner, are matters for the judgment of the legislature, and the earnest conflict...
Sida 11 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves.
Sida 31 - This is not to say that Congress possesses the authority to regulate the internal commerce of a State, as such, but that it does possess the power to foster and protect interstate commerce, and to take all measures necessary or appropriate to that end, although intrastate transactions of interstate carriers may thereby be controlled.
Sida 47 - If the facility of interstate transportation can be taken away from the demoralization of lotteries, the debasement of obscene literature, the contagion of diseased cattle or persons, the impurity of food and drugs, the like facility can be taken away from the systematic enticement to and the enslavement in prostitution and debauchery of women, and, more insistently, of girls.
Sida 17 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward ; neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.