The Stockton & Visalia Railroad Co., Petitioner, Vs. the Common Council of the City of Stockton, Respondent: Brief on Behalf of the Southern Pacific Railroad Company, Filed by Leave of the Court Granted Upon the Consent of Counsel of Record for Both PartiesH.S. Crocker & Company, Printers, 1870 - 64 頁 |
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21 Penn agents argument Assembly behalf of railroads benefit Bill of Rights bonds canals character cited city or town clause compensation conceded Constitution construction declare defines civil liberty domain in behalf due process duties El Dorado county eminent domain ernment fares and freights former brief Government individual Judge Cooley judicial justice land LAST BRIEF lature Legis Legislature levied and collected lexicon defines civil limited Mayor ment municipal corporations Napa county palpably Placer county Plumas county POLK COUNTY power of eminent power of taxation power to create powers delegated private purposes process of law provisions public burden public corporation public purpose public utility railroad company railroad corporations reason reply repug repugnant right of eminent road San Joaquin county San Mateo county Santa Clara county sovereign power stage coaches Stanislaus county statutes Supreme Court Sutter county taken taxing power teach tion township trustees turnpike validity vested Wapello County Wend
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第 47 頁 - This enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers, not herein delegated, remain with the people.
第 22 頁 - ... \The interest, wisdom, and justice of the representative body, and its relations with its constituents, furnish the only security, where there is no express contract, against unjust and excessive taxation, as well as against unwise legislation generally.] This principle was laid down in the case of M
第 46 頁 - The courts are not the guardians of the rights of the people of the state, except as those rights are secured by some constitutional provision which comes within the judicial cognizance.
第 50 頁 - The right of eminent domain," it has been said, " does not imply a right in the sovereign power to take the property of one citizen and transfer it to another, even for a full compensation, where the public interest will be in no way promoted by such...
第 59 頁 - INDICTMENT" now remaining among the records of the said Court in my office. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the aforesaid Court at Toledo, Ohio this 18th day of November, AD 1971.
第 50 頁 - In all such cases the object of the legislative grant of power is the public benefit derived from the contemplated improvement, whether such improvement is to be effected directly by the agents of the government, or through the medium of corporate bodies, or of individual enterprise.
第 20 頁 - But what is for the public good, and what are public purposes, and what does properly constitute a public burden, are questions which the legislature must decide upon its own judgment, and in respect to which it is vested with a large discretion, which cannot be controlled by the courts, except, perhaps, where its action is clearly evasive, and where, under pretense of a lawful authority, it has assumed to exercise one that, is unlawful.
第 41 頁 - ... to immediately give notice of a special election, by publication in some newspaper published in the county, if any be published therein, and also by posting said notice in five public places in such township, incorporated city or town, at least ten days...
第 46 頁 - The protection against unwise or oppressive legislation, within constitutional bounds, is by an appeal to the justice and patriotism of the representatives of the people. If this fail, the people in their sovereign capacity can correct the evil, but courts cannot assume their rights.
第 56 頁 - ... levied and collected, except through the means of judicial proceedings in the courts ; whereas it is well known that the sovereign power of taxation belongs exclusively to the legislative department of the government, and that all taxes are levied and collected in pursuance of legislative enactments, without the aid of the courts. This clause has no reference whatever to the taxing power, and where property is taken in the lawful exercise of the taxing power, it is not taken