-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Hi all, I was reading a book about Supreme Court cases and I came upon this quote from the majority opinion by Mr. Chief Justice Waite:
"This brings us to inquire as to the principle upon which power of regulation rests, in order that we may determine what is within and what is without its operative effect. Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be <<juris privati>> only." This was said by Lord Chief Justice Hale more than two hundred years ago...Property does become clothed with a public interest when used in a manner to make it of public consequence, and affects the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.... And the same has been held as to warehouses and warehousemen... - From the same source comes the power to regulate the charges of common carriers, which was done in England as long ago as the third year of the reign of Willam and Mary, and continued until within a comparatively recent period.... Common carriers exercise a sort of public office, and have duties to perform in which the public interest...." Common carriers seem to have forgotten something. Cheers, Kev - -- | .''`. == Debian GNU/Linux == | my web site: | | : :' : The Universal | debian.home.pipeline.com | | `. `' Operating System | go to counter.li.org and | | `- http://www.debian.org/ | be counted! #238656 | | my keysever: pgp.mit.edu | my NPO: cfsg.org | -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.2 (GNU/Linux) iD8DBQFD4hYNv8UcC1qRZVMRAjFCAJ4qKZUensPZg0lDy5Q5bJ1ZF/+/WgCgkuyS o1lhrID2yv9sBFAFLo7LQDY= =/cNr -----END PGP SIGNATURE----- -- NYCwireless - http://www.nycwireless.net/ Un/Subscribe: http://lists.nycwireless.net/mailman/listinfo/nycwireless/ Archives: http://lists.nycwireless.net/pipermail/nycwireless/
