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 Parties

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H.S. Crocker & Company, Printers, 1870 - Всего страниц: 64
 

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Стр. 47 - 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.
Стр. 22 - ... \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
Стр. 46 - 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.
Стр. 50 - 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...
Стр. 59 - 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.
Стр. 50 - 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.
Стр. 20 - 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.
Стр. 41 - ... 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...
Стр. 46 - 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.
Стр. 56 - ... 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

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