Workmen's Compensation Supplement to Department Reports of Pennsylvania: Containing Rulings and Selected Opinions of the Workmen's Compensation Board, Opinions of the Attorney General and Various Common Pleas Courts of Pennsylvania Involving the Workmen's Compensation Law of Pennsylvania, 第 3 卷

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George T. Bisel, 1917
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第 3195 頁 - ... the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost. 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.
第 3195 頁 - 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.
第 3319 頁 - A paper is said to be filed when it is delivered to the proper officer, and by him received, to be kept on file.
第 3629 頁 - It is admitted that there is no express provision in the Constitution that prohibits the general government from taxing the means and instrumentalities of the states, nor is there any prohibiting the states from taxing the means and instrumentalities of that government. In both cases the exemption rests upon necessary implication and is upheld by " the great law of self-preservation ; as any government, whose means employed in conducting its operations, if subject to the control of another and distinct...
第 2848 頁 - In conferring upon Congress the regulation of commerce, it was never intended to cut the states off from legislating on all subjects relating to the health, life, and safety of their citizens, though the legislation might indirectly affect the commerce of the country. Legislation, in a great variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it within the meaning of the Constitution.
第 3204 頁 - That there is an element of value in an assembled and established plant, doing business and earning money, over one not thus advanced, is self-evident. This element of value is a property right, and should be considered in determining the value of the property, upon which the owner has a right to make a fair return when the same is privately owned although dedicated to public use.
第 3406 頁 - Such being the separate and independent condition of the states in our complex system, as recognized ly the Constitution, and the existence of which is so indispensable. that, without them, the general government itself would disappear from the family of nations, it would seem to follow, as a reasonable, if not a necessary consequence, that the means and instrumentalities employed for carrying on the operations of their governments for preserving their existence, and fulfilling the high and responsible...
第 3195 頁 - It is clear that in ascertaining the present value we are not limited to the consideration of the amount of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of. its fair value if it be more than its cost.
第 3079 頁 - Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this state, and to connect the same with other lines; and the legislature shall, by general law, of uniform operation, provide reasonable regulations to give full effect to this section.
第 3204 頁 - The difference between a dead plant and a live one is a real value, and is independent of any franchise to go on, or any mere good will as between such a plant and its customers.

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