United States Reports: Cases Adjudged in the Supreme Court, Volume 262U.S. Government Printing Office, 1923 - Courts |
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Page 1
... decision of this Court in Hill v . Wallace , 259 U. S. 44 , hold- ing that local dealings on boards of trade in grain for future de- livery , could not constitutionally be brought under federal control by means of the taxing power , as ...
... decision of this Court in Hill v . Wallace , 259 U. S. 44 , hold- ing that local dealings on boards of trade in grain for future de- livery , could not constitutionally be brought under federal control by means of the taxing power , as ...
Page 17
... decision of this case , unless this Court shall conclude - what we may not assume- that it made a mistake in that case , and should now re- cede from that decision . II . Future trading on the exchanges does not impose a burden upon ...
... decision of this case , unless this Court shall conclude - what we may not assume- that it made a mistake in that case , and should now re- cede from that decision . II . Future trading on the exchanges does not impose a burden upon ...
Page 31
... decision of this Court in Hill v . Wallace , 259 U. S. 44 , is conclusive against the con- stitutionality of the Grain Futures Act . Indeed in their bill they , pleaded the judgment in that case as res judi- cata in this , as to its ...
... decision of this Court in Hill v . Wallace , 259 U. S. 44 , is conclusive against the con- stitutionality of the Grain Futures Act . Indeed in their bill they , pleaded the judgment in that case as res judi- cata in this , as to its ...
Page 39
... supply of grain in commerce . It was this direct relation that led to the decision in the Patten Case . If a corner and the enhance- Opinion of the Court . 262 U.S. ment of prices CHICAGO BOARD OF TRADE v . OLSEN . 39.
... supply of grain in commerce . It was this direct relation that led to the decision in the Patten Case . If a corner and the enhance- Opinion of the Court . 262 U.S. ment of prices CHICAGO BOARD OF TRADE v . OLSEN . 39.
Page 43
... decision as to its validity . For the reasons given the decree of the District Court is Affirmed . MR . JUSTICE MCREYNOLDS and MR . JUSTICE SUTHER- LAND dissent . PRENDERGAST ET AL . , CONSTITUTING THE PUBLIC SERVICE COMMISSION OF THE ...
... decision as to its validity . For the reasons given the decree of the District Court is Affirmed . MR . JUSTICE MCREYNOLDS and MR . JUSTICE SUTHER- LAND dissent . PRENDERGAST ET AL . , CONSTITUTING THE PUBLIC SERVICE COMMISSION OF THE ...
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Common terms and phrases
affirmed alleged amount applied April Argument Arndstein assessment Attorney authority bill Board cent charge Chicago Circuit Court City claim clause coal Comm commerce clause Commission Congress Constitution contract corporation cost County Court of Appeals decision decree defendant in error delivered the opinion dismissed District Court effect Eighteenth Amendment enforcement federal reserve banks filed Fourteenth Amendment grain granted held income interstate commerce Interstate Commerce Commission judgment June June 11 jurisdiction JUSTICE Kansas lands legislation legislature liquors ment Missouri National Prohibition Act natural gas Ohio operation owner payment Pennsylvania Petition petitioner Phellis plaintiff in error proceedings produced Prohibition public service public utility purpose question Railroad rates reasonable regulation Solicitor General Beck Stat statute suit supply supra Supreme Court territory Texas thereof tion trade United violation Water West Virginia writ of certiorari writ of error York
Popular passages
Page 469 - Constitution, but it may be not unreasonably said that the preservation of the States and the maintenance of their governments are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the national Government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page 691 - The property is held in private ownership and it is that property, and not the original cost of it, of which the owner may not be deprived without due process of law.
Page 399 - Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and, generally, to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.
Page 288 - It is impossible to ascertain what will amount to a fair return upon properties devoted to public service without giving consideration to the cost of labor, supplies, etc., at the time the investigation is made. An honest and intelligent forecast of probable future values made upon a view of all the relevant circumstances, is essential. If the highly important element of present costs is wholly disregarded such a forecast becomes impossible. Estimates for tomorrow cannot ignore prices of today.
Page 320 - That nothing in this act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments...
Page 541 - ... 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. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.
Page 691 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...
Page 287 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Page 692 - A public utility is entitled to such rates as will permit it to earn a return on the value of the property which it employs for the convenience of the public equal to that generally being made at the same time and in the same general part of the country on investments in other business undertakings which are attended by corresponding risks and uncertainties...
Page 631 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.