The Growth of American Administrative LawErnst Freund, Robert Virgil Fletcher, Joseph Edward Davies, Cuthbert Winfred Pound, John Albert Kurtz, Charles Nagel Thomas Law Book Company, 1923 - Всего страниц: 190 |
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abridged adminis administrative law administrative power Amendment American Administrative Law authority boards body carriers charged charters Chief Justice Clayton Act Commis Commission's common carriers common law Company complaint Congress constitutional right contract corporation Court held created Dartmouth College decision delegated discretion due process economic enacted enforce evidence executive exercise fact Federal Trade Commission findings franchise rates granted Interstate Commerce Commission investigation involved issued judge judicial power judicial review jurisdiction lative lawyers legis legislative power legislature limitations matter ment methods of competition ministerial mission Missouri monopoly officer operation opinion organization police power practices price maintenance principles prohibited provisions public interest Public Service Commission public utility purpose question railroad reasonable rates regulation regulatory resale price maintenance restraint result rule Sherman Law sion statute statutory Supreme Court tendency theory tion tive trative unfair methods United unreasonable violation
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Стр. 87 - They are clearly inapplicable to practices . never heretofore regarded as opposed to good morals because characterized by deception, bad faith, fraud or oppression, or as against public policy because of their dangerous tendency unduly to hinder competition or create monopoly.
Стр. 79 - That for the purposes of this Act the commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any corporation being investigated or proceeded against; and the commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation.
Стр. 124 - At the same time there are matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them, and which are susceptible of judicial determination, but which congress may or may not bring within the cognizance of the courts of the United States, as it may deem proper.
Стр. 104 - Constitutional questions, it is true, are not settled by even a consensus of present public opinion, for it is the peculiar value of a written constitution that it places in unchanging form limitations upon legislative action, and thus gives a permanence and stability to popular government which otherwise would be lacking.
Стр. 157 - ... with due regard among other things to a reasonable average return upon the value of the property actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies...
Стр. 167 - ... due process" clause has the effect of overriding the power of the state to establish all regulations that are reasonably necessary to secure the health, safety, good order, comfort, or general welfare of the community ; that this power can neither be abdicated nor bargained away, and is inalienable even by express grant; and that all contract and property rights are held subject to its fair exercise.
Стр. 84 - The committee gave careful consideration to the question as to whether it •would attempt to define the many and variable unfair practices which prevail in commerce and to forbid their continuance or whether it would, by a general declaration condemning unfair practices, leave it to the commission to determine what practices were unfair. It concluded that the latter course would be the better, for the reason, as stated by one of the representatives of the Illinois Manufacturers...
Стр. 28 - If, upon such hearing as the court may determine to be necessary, it appears that the order was regularly made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience...
Стр. 133 - Either some Caesar or Napoleon will seize the reins of government with a strong hand, or your republic will be as fearfully plundered and laid waste by barbarians in the twentieth century, as the Roman Empire was in the fifth; with this difference, that the Huns and Vandals who ravaged the Roman Empire came from without, and that your Huns and Vandals will have been engendered within your own country, by your own institutions.
Стр. 127 - But as the statute grants jurisdiction to make and enter, upon the pleadings, testimony and proceedings, a decree affirming, modifying or setting aside an order, the court must also have power to examine the whole record and ascertain for itself the issues presented and whether there are material facts not reported by the Commission.