United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Svazek 236United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1915 |
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Strana 3
... mean that a party is to be as free after making a contract as before ; he is not free to break it without accountability . Freedom of contract , from the very nature of the thing , can be enjoyed only by being exercised ; and each ...
... mean that a party is to be as free after making a contract as before ; he is not free to break it without accountability . Freedom of contract , from the very nature of the thing , can be enjoyed only by being exercised ; and each ...
Strana 8
... means unlawful without the act . In the case before us , the state court treated the term " coerce " as applying to the mere insistence by the employer , or its agent , upon its right to prescribe terms upon which alone it would consent ...
... means unlawful without the act . In the case before us , the state court treated the term " coerce " as applying to the mere insistence by the employer , or its agent , upon its right to prescribe terms upon which alone it would consent ...
Strana 15
... mean to say , therefore , that a State may not properly exert its police power to prevent coercion on the part of employers towards employés , or vice versa . But , in this case , the Kansas court of last resort has held that Coppage ...
... mean to say , therefore , that a State may not properly exert its police power to prevent coercion on the part of employers towards employés , or vice versa . But , in this case , the Kansas court of last resort has held that Coppage ...
Strana 21
... mean that a party is to be as free after mak- ing a contract as before ; he is not free to break it without accountability . Freedom of contract , from the very na- ture of the thing , can be enjoyed only by being exercised ; and each ...
... mean that a party is to be as free after mak- ing a contract as before ; he is not free to break it without accountability . Freedom of contract , from the very na- ture of the thing , can be enjoyed only by being exercised ; and each ...
Strana 25
... means attempt to compel or coerce any employé into with- drawal from any lawful organization or society . " In Gillespie v . The People ( 1900 ) , 188 Illinois , 176 ; 58 N. E. Rep . 1007 ; 52 L. R. A. 283 ; 80 Am . St. Rep . 176 ; the ...
... means attempt to compel or coerce any employé into with- drawal from any lawful organization or society . " In Gillespie v . The People ( 1900 ) , 188 Illinois , 176 ; 58 N. E. Rep . 1007 ; 52 L. R. A. 283 ; 80 Am . St. Rep . 176 ; the ...
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236 U. S. Argument 236 U. S. Opinion Act to Regulate action affirmed alleged amici curiæ appellee applied authority bankrupt bankruptcy bill California cars charge Circuit Court claims coal Comm common carriers complainant Congress Constitution construed contract corporation County Court of Appeals creditors decision decree defendant in error delivered the opinion District Court due process effect employer employés enforcement fact February 23 filed films Five Civilized Tribes Fourteenth Amendment held Hepburn Act interstate commerce Interstate Commerce Commission involved judgment June 29 jurisdiction JUSTICE Kansas lands legislation lien limits Louis Louisiana ment Missouri Ohio parties passes Pennsylvania Company person petition plaintiff in error present proceedings prohibition provisions purpose question railroad company Railway rates reasonable record Regulate Commerce Rochester Company rule shipment shipper Stat statute suit supra Supreme Court terminal tion traffic transportation trustee United violation withdrawal
Oblíbené pasáže
Strana 361 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Strana 269 - That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation...
Strana 298 - all levies, judgments, attachments, or other liens, obtained, through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt...
Strana 426 - State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated...
Strana 42 - But the fact that both parties are of full age and competent to contract does not necessarily deprive the state of the power to interfere, where the parties do not stand upon an equality, or where the public health demands that one party to the contract shall be protected against himself. The state still retains an interest in his welfare, however reckless he may be. The whole is no greater than the sum of all the parts, and when the individual health, safety, and welfare are sacrificed or neglected...
Strana 352 - ... facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.
Strana 2 - ... impossible to uphold freedom of contract and the right of private property without at the same time recognizing as legitimate those inequalities of fortune that are the necessary result of the exercise of those rights.
Strana 330 - The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda...
Strana 27 - In present conditions a workman not unnaturally may believe that only by belonging to a union can he secure a contract that shall be fair to him. ... If that belief, whether right or wrong, may be held by a reasonable man, it seems to me that it may be enforced by law in order to establish the equality of position between the parties in which liberty of contract begins.
Strana 381 - Court. him for protection; that her physical structure and a proper discharge of her maternal functions — having in view not merely her own health, but the well-being of the race — justify legislation to protect her from the greed as well as the passion of man.