Kevin, If you cannot cite a specific case and date for this opinion then how are we to know if he uttered this on the Connecticutt court or while on SCOTUS?
Jim > -----Original Message----- > From: James Henry [mailto:[EMAIL PROTECTED] > Sent: Thursday, February 02, 2006 8:01 PM > To: 'Kevin Mark'; 'Nyc wireless list' > Subject: RE: [nycwireless] a quote from a case by Mr. Chief > Justice Waite > > > 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 > -- NYCwireless - http://www.nycwireless.net/ Un/Subscribe: http://lists.nycwireless.net/mailman/listinfo/nycwireless/ Archives: http://lists.nycwireless.net/pipermail/nycwireless/
