 ... without due process of law; or (5) if the Commission acted so arbitrarily and unjustly as to fix rates contrary to evidence, or without evidence to support it ; or (6) if the authority therein involved has been exercised in such an unreasonable manner...  Supreme Court Reporter - Side 82av United States. Supreme Court - 1918Uten tilgangsbegrensning - Om denne boken
 | 1917 - 498 sider
...manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." This case was immediately followed by Baltimore & Ohio R. Co. v. Pitcairn Coal Co.,30 where the coal... | |
 | 1910 - 1052 sider
...manifested in such an unreasonable manner as to cause it, in truth, to he within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power. Postal Telegraph Company v. Adams, 155 US 6SS, 60S [15 Sup. Ct. 268, 36O, 39 L. Ed. 311]. Plain as... | |
 | 1897 - 1036 sider
...which case I shall hereafter refer, this court said (page 698, 155 D. S., and page 270, 15 Sup. Ct): "The substance, and not the shadow, determines the validity of the exercise of the power." It seems to me that, to maintain the tax levied by the state of Ohio, this ruling must be reversed,... | |
 | 1895 - 1088 sider
...substantially a mere tax on property, and not one imposed on the privilege of doing Interstate business. The substance, and not the shadow, determines the validity of the exercise of the power. The act, In prescribing the ascertainment of the charge as to telegraph companies operating less than... | |
 | 1917 - 1170 sider
...public, and if this power was not exercised by it in such a manner as to cause it to be within the rule that the substance, and not the shadow, determines the validity of the exercise of the power, the order made is not conflscatory, and does not deprive the petitionee of its property without due... | |
 | 1915 - 1132 sider
...manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power. * * * Plain as it is that the powers just stated are of the essence of judicial authority, and which,... | |
 | 1914 - 812 sider
...has been manifested in such an unreasonable manner as to cause it to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power; but (d) the Supreme Court may not, under the guise of exerting judicial power, usurp merely administrative... | |
 | 1895 - 914 sider
...and not one imposed on the privilege of doing interstate commerce, the exaction may be sustained. " The substance, and not the shadow, determines the validity of the exercise of the power." Postal Telegraph Co. v. Adams, 155 US 688. Nothing can be clearer than that what the Constitution intended... | |
 | William Weeks Morrill - 1896 - 970 sider
...substantially a mere tax on property and not one imposed on the privilege of doing interstate business. The substance and not the shadow determines the validity of the exercise of the power. The act in prescribing the ascertainment of the charge as to telegraph companies operating less than... | |
| |
