Do you have a cite? > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf > Of Kevin Mark > Sent: Thursday, February 02, 2006 9:24 AM > To: Nyc wireless list > Subject: [nycwireless] a quote from a case by Mr. Chief Justice Waite > > > -----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
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