Railway Legislation in the United States

Cover Railway Legislation in the United States
Railway Legislation in the United States
Meyer, Balthasar Henry, 1866-1954
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Similar ground was taken by the Supreme Court of the United States in the leading case of Munn vs. Illinois : ^ " When the owner of property devotes it to a use in which ' the public has an interest, he in effect grants to the public an interest in such use, and must, to the extent of that interest, submit to be controlled by the public, for the common good, as long as he maintains the use. He may withdraw his grant by discontinuing the use." The committee further pointed out the differences be...tween investments in railway and ordinary business enterprises ; they emphasized the public nature of the railway busi- ness, making railways quasi public servants with power to levy a tax ; and, finally, the committee asserted that railways have a right to protection by the state in the enjoyment of their chartered privileges. The importance of lakes, rivers, and 1 94 U.S. 113.
o 193 RAILWAY LEGISLATION canals is recognized, and the doctrine of competition among railways adhered to. On the whole, the ideas expressed in the report convey a feeling of uncertainty with respect to the exact nature of the legislation required and the probable efficacy of such legislation.


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