Consolidation of Railroad Properties: Hearings...on S. 4892...Jan. 12 -Feb. 8, 1927

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Page 178 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in I the manner most beneficial to the people.
Page 89 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Page 184 - Bank of Augusta v. Earle, 13 Peters, 620, 10 L. Ed. 274, It was said: "It Is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which It Is created.
Page 178 - It being the opinion of the Court, that the act incorporating the bank is constitutional; and that the power of establishing a branch in the State of Maryland might be properly exercised by the bank itself, we proceed to inquire — 2. Whether the State of Maryland may, without violating the constitution, tax that branch?
Page 178 - ... an abuse, because it is the usurpation of a power which the people of a single state cannot give." The court said, in that case, that " the states have no power. by taxation, or otherwise, to retard, impede, burden, or in any manner control the operation of the constitutional laws enacted by congress to carry into execution the powers vested in the general government.
Page 9 - If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
Page 8 - Such certificate must be published once a week for four successive weeks, in a newspaper published in the county, if there be one, and if there be none in such county, then in a newspaper in an adjoining county.
Page 173 - In establishing any such through route the Commission shall not (except as provided in section 3, and except where one of the carriers is a water line), require any carrier by railroad, without Its consent, to embrace in such route substantially less than the entire length of its railroad...
Page 185 - Nor do we see any reason why one state may not make a corporation of another state, as there organized and conducted, a corporation of its own, quo ad hoc any property within its territorial jurisdiction.
Page 178 - ... (This great principle is, that the constitution and the laws made in pursuance thereof are supreme ; that they control the constitution and laws of the respective states, and cannot be controlled by them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application to this case, the cause has been supposed to depend.

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