Constitutional Opinions of Justice Holmes
Constitutional Opinions of Justice Holmes
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I'jaturally, when a confiscatory rate can be proA'^ed, the Supreme Court will give the corny any relief. Justice Holmes has expressed vi ev/s distinct from those of the court only rarely in this matter, and usually to maintain some related idea u-. On which he is everywhere in!r-. Istent . So, to uphold the belief that he expresses in every branch of the law, that the whole includes its part, he dissented in the case of Denver vs Den^rer Union Water Company (23). The water company's franchise h...ad expired, but pending renewal the company was designated by municipal ordinance as "without a franchise and a mere tenant by sufferance of the streets of the city. " In this situation, the city fixed water rates, which the company alleged were confiscatory, not f?renting sufficient compensation for the use of the compeny property.
(23) 246 U. S. , 178.
The majority . Ol' the Supreme Court upheld tliis viev?, and declared the ordinrnce to be in violation of the 14th Amendment .
Justice Holmes' dissent is based upon the view that the ccmponyis not compelled hy the ordinance to furnish v/pter, that it may be ordered to stop furnishinfr v/ater at any time, and ma;- cease of its own accord.
What to read after Constitutional Opinions of Justice Holmes?
You can find similar books in the "Read Also" column, or choose other free books by Dorsey Richardson to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
I'jaturally, when a confiscatory rate can be proA'^ed, the Supreme Court will give the corny any relief. Justice Holmes has expressed vi ev/s distinct from those of the court only rarely in this matter, and usually to maintain some related idea u-. On which he is everywhere in!r-. Istent . So, to uphold the belief that he expresses in every branch of the law, that the whole includes its part, he dissented in the case of Denver vs Den^rer Union Water Company (23). The water company's franchise h...ad expired, but pending renewal the company was designated by municipal ordinance as "without a franchise and a mere tenant by sufferance of the streets of the city. " In this situation, the city fixed water rates, which the company alleged were confiscatory, not f?renting sufficient compensation for the use of the compeny property.
(23) 246 U. S. , 178.
The majority . Ol' the Supreme Court upheld tliis viev?, and declared the ordinrnce to be in violation of the 14th Amendment .
Justice Holmes' dissent is based upon the view that the ccmponyis not compelled hy the ordinance to furnish v/pter, that it may be ordered to stop furnishinfr v/ater at any time, and ma;- cease of its own accord.
What to read after Constitutional Opinions of Justice Holmes?
You can find similar books in the "Read Also" column, or choose other free books by Dorsey Richardson to read onlineMoreLess
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