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Search Results Judgments > Phrase:prohibition of charging exorbitant interest act Page:7


United States v. Union Pacific Railroad Company

  • Decided on : 01-Jan-1878

Court : US Supreme Court

... a fraud upon the company; that these contracts allowed exorbitant prices for work done and material furnished; that otherwise Page 98 U. S. 610 they were very advantageous to the other contracting parties and injurious to the company; that in all of them, the directors or a controlling majority of them were interested adversely to the company; that in fact they were ... over trusts of property for public uses and over the trustees, either corporate or official, the courts have only interfered at the instance of the Attorney General to prevent and prohibit some official wrong by municipal corporations or public officers, and the exercise of usurped or the abuse of actual powers. " P. 16. To bring the present case within the rule ... "Hoxie contract," on account of fifty-eight miles of railroad west of the one hundredth meridian, already constructed and paid for by the railroad company, and charges that they were from the beginning, and throughout, interested in the whole of the profits of the "Hoxie contract," and that all the work thereunder was done, and all measurements thereof and settlements therefor were ... ; and the validity of such statutes has uniformly been recognized. 4. This bill having, on demurrer, been dismissed below, its sufficiency must be determined here by the provisions of said act, for it cannot be supposed that Congress, in laying down in specific terms the subject matter of the suit and granting enlarged and peculiar powers to the court, intended that ...

Apr 30 1883

Transportation Company v. Parkersburg

  • Decided on : 30-Apr-1883

Court : US Supreme Court

... a complaint against exorbitant rates of wharfage. These rates are established by a municipal body, itself the proprietor of the wharves and professing to act under the authority of state law. It cannot be supposed that the law authorizes exorbitant charges to be made; but whether the charges exacted are exorbitant or not ... than hold that such an ordinance had the effect of laying a duty of tonnage, against the express prohibition of the Constitution. The same view had previously been taken of an act of the Legislature of Louisiana authorizing the port wardens of New Orleans to demand and receive five dollars ... this act the assent of Congress was given by the Act of Feb. 4, 1791, c. 4. "This compact," the Court said, "by the sanction of Congress, has become a law of the Union." Upon all these grounds, it was held that the State of Pennsylvania, having large interests which ... , tonnage duties are expressly prohibited by sec. 4220 of the Revised Statutes of the United States to be levied upon enrolled or licensed vessels trading from one port in the United States to another port within the same." The bill further alleges that the rates charged by the ordinance are unreasonable ... then makes the following charge: "Your orator further alleges that, as it is advised and believes, the said ordinance is wholly null and void and is in conflict with those provisions of the Constitution of the United States relating to the regulations of interstate commerce and prohibiting any state, without ...

Feb 01 1886

Boyd v. United States

  • Decided on : 01-Feb-1886

Court : US Supreme Court

... under a stipulation to produce them on the trial. The defendants relied not only on the unconstitutionality of the laws, but on the act of 1868, before referred to, which prohibited evidence obtained from a party by a judicial proceeding from being used against him in any prosecution for a crime, penalty, or forfeiture. ... . 2, p. 221, sub-pages 176, 190, 225, 361, 431, 447. [ Footnote 3 ] Cooley's Constitutional Limitations, 801-303 (5th ed. 368, 369). A very full and interesting account of this discussion will be found in the works of John Adams, vol. 2, Appendix A, pp 523-525; vol. 10, pp. 183, 233, 244. 256, ... says: "Such is the power, and, therefore, one would naturally expect that the law to warrant it should be clear in proportion as the power is exorbitant. If it is law, it will be found in our books; if it is not to be found there, it is not law." "The great end ... Secretary of State for searching private houses for the discovery and seizure of books and papers that might be used to convict their owner of the charge of libel. Certain numbers of the North Briton, particularly No. 45, had been very bold in denunciation of the government, and were esteemed heinously libelous. By ... and that the law, though very speciously worded, is still obnoxious to the prohibition of the Fourth Amendment of the Constitution, as well as of the Fifth. It has been thought by some respectable members of the profession that the two acts, that of 1868 and that of 1874, as being in pari materia, ...

Apr 02 1888

Spencer v. Merchant

  • Decided on : 02-Apr-1888

Court : US Supreme Court

... act of legislation as against the parties who had been judicially declared not to be bound by it, adding interest upon it from the time when it was first charged to the state by virtue of the cancellation, as well as a part of the expenses incurred in making the original assessment. Such an act ... exorbitant, and that part of the property assessed was not benefited, presented no question under the Fourteenth Amendment to the Constitution upon which this Court could review the decision of the state court. 96 U. S. 96 U.S. 100, 96 U. S. 106 . In the absence of any more specific constitutional restriction than the general prohibition ... by the comptroller of said state to the Treasurer of Kings County, and the interest charged thereon by said Comptroller, as required by law, to February 1st, 1879, amounting to $8,293.33, together with further interest thereon Page 125 U. S. 349 at six percentum per annum, from February ... 74 N.Y. 183. On January 29, 1879, the comptroller of the state cancelled the unpaid assessment and charged the county with the amount thereof, being $40,664.96, together with the interest thereon to February 1, 1879, amounting to $8,293.33. On August 12, 1881, the Legislature ... act of 1869 had been declared void and cancelled, of the same sum which had been assessed under the act of 1869, together with interest thereon to February 1, 1879, amounting to $8,293.33, and further interest thereon at six percent per annum from February 1, 1879, to the date of such levy. This act ...

Nov 25 1901

Cotting v. Kansas City Stock Yards Co.

  • Decided on : 25-Nov-1901

Court : US Supreme Court

... simply to the stockyards at Kansas City and the volume of business done at those yards, passed this act to reduce their charges. Undoubtedly the act is general in its terms, and we may not therefore stop to inquire whether it conflicts with the constitutional prohibition contained in article 2, section 17, of the Constitution of Kansas: "SEC. 17. All laws of a general ... not bring all within its scope, or subject all to the same burdens. It would strip the legislature of its inherent power to determine generally what is for the general interests, which interests may often be promoted by certain regulations affecting one class which do not affect another, certain burdens imposed on one which do not rest upon another. But while recognizing ... . S. 96 he makes of such revenue, can in no way concern those who make use of the wharf, and are required to pay the regular charges therefor; provided, always, that the charges are reasonable, and not exorbitant." In Canada Southern Railway Co. v. International Bridge Co., 8 App.Cas. 723, 731, Lord Chancellor Selborne thus expressed the decision of the House of ... . Now shall they whose interests are all along the line of production, having by virtue of their numerical majority the control of legislation, be permitted to say to one who acts as an intermediary between transportation and sale that, while we permit no interference with the prices which we put upon our products, nevertheless we cut down your charges for intermediate services, and ...

Feb 21 1902

League v. Texas

  • Decided on : 21-Feb-1902

Court : US Supreme Court

... But it contains no prohibition of retrospective legislation as such, and therefore now, as before, the mere fact that a statute is retroactive in its operation does not make it repugnant to the federal Constitution. As the state may, in the first instance, enact that taxes shall bear interest from the time they ... There is no pretense that any separate charge is exorbitant or unreasonable. And if the state is compelled to resort to such proceedings for the collection of its taxes, it may provide reasonable compensation for the officials charged with any duty in connection therewith, and incorporate the charges therefor as costs in the case ... individual, to revive or continue any lien for taxes must depend upon some statute existing at the time of the sale, and that hence this act of the legislature providing for the collection of delinquent taxes by judicial proceedings was a violation of the constitutional guaranty of due process insofar ... laws of the said state." Upon this it observed that it had granted the writ of error upon a question of the validity of the charge for interest, and added: "However, upon the point on which the writ was granted, we will say that the answer of the defendant sets up ... taxes due upon his land -- Page 184 U. S. 161 has no ground of complaint because he is charged with the ordinary fees and expenses of a law suit. While the matter of interest stands upon a little different basis, yet, so far as the federal Constitution is concerned, there is nothing ...

Feb 25 1907

Texas & Pacific Ry. Co. v. Abilene Cotton Oil Co.

  • Decided on : 25-Feb-1907

Court : US Supreme Court

... here render judgment in appellant's favor for the said sum of $1,951.83, excessive freights charged, together with interest. . . ." The assigned errors are addressed exclusively to the operation of the Act to Regulate Commerce upon the jurisdiction of the court below to entertain the controversy, and its power, ... the act. The act specially provided that, whenever any common carrier subject to its provisions "shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act ... an action could be maintained to recover the excess over a reasonable charge. And it may further be conceded that it is now settled that even where, on the receipt of goods by a carrier, an exorbitant charge is stated, and the same is coercively exacted, either in advance ... act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act ... rates in the established schedules until the same were changed as authorized by the act, and such departure was made an offense punishable by fine or imprisonment, or both, and the prohibitions of the act and the punishments which it imposed were directed not only against carriers, but against ...

Jan 18 1909

Waters-Pierce Oil Co. v. Texas

  • Decided on : 18-Jan-1909

Court : US Supreme Court

... state statute permitted, and the court charged, that conviction could be had not only for acts accomplishing, but also for those tending or reasonably calculated to bring about, the things prohibited. The antitrust laws of Texas involved in this case are not unconstitutional as depriving any one of due process of law because vague and indefinite as prohibiting acts which "tend" or are "reasonably calculated ... would be giving a penal statute a retroactive effect to make it apply to an unlawful agreement executed prior to the passage of the act by defendant's predecessor in interest, defendant is subject to conviction for violating the act after its enactment by making itself a party to and carrying out its illegal provisions. Where defendant has had a fair trial and ... doing business in the sale of petroleum products are excluded from doing business in the state, and competition is lessened." "(3) The price of oil had been maintained at an exorbitant figure, being from ten to twenty-five percent higher than that of oil sold in the territory not claimed by plaintiff in error." "(4) Competition had been suppressed and business ... affirmed. We are not prepared to say that there was a deprivation of due process of law because the statute permitted, and the court charged, that there might be a conviction not only for acts which accomplished the prohibited result, but also for those which tend or are reasonably calculated to bring about the things forbidden. Again, it is contended that the ...

Jun 21 1915

United States v. Delaware, Lackawanna & W. R. Co.

  • Decided on : 21-Jun-1915

Court : US Supreme Court

... in mind the policy of the commodity clause to dissociate the railroad company from the transportation of the property in which it is interested, and that the Sherman Anti-Trust Act prohibits contracts in restraint of trade, Page 238 U. S. 536 there would seem to be no doubt that this agreement violated both statutes. ... is said that some of the objections now insisted on were not pressed in the lower court, that there is no complaint that the railroad charged the coal company exorbitant prices, or that it ever raised the New York prices, or that it failed to make prompt deliveries, or that it has prevented ... that, by virtue of the terms and provisions of the contract, the railroad had such an interest in the coal as to make it unlawful for it to transport such commodity in interstate commerce. It was further charged that the transportation of the coal sold to the coal company was not only a ... company would be presumably represented by a gain to the railroad company. But the commodity clause and the Anti-Trust Act are not concerned with the interest of the parties, but with the interest of the public, and it therefore makes no difference whether this contract dictated by the railroad company was for ... of management and bona fides of the contract between the carrier and the producer. The Commodity Clause and the Anti-Trust Act are not concerned with the interest of the parties, but with the interest of the public, and if a contract between a carrier and a producer is as a matter of law ...

Jun 09 1919

Arizona Employers' Liability Cases

  • Decided on : 09-Jun-1919

Court : US Supreme Court

... costs, and takes for his reward the net profits, if any. The interest of the state is obvious. We declared in the White case, (243 U.S. 243 U. S. 207 ): "It cannot be doubted that the state may prohibit and punish self-maiming and attempts at suicide; it may prohibit a man from bartering away his life or his personal security; indeed ... , lame, and crippled. No charge of negligence or failure to perform any duty was made against the company. It unsuccessfully set up and relied upon invalidity of the Employers' Liability Law because in conflict with the Fourteenth Amendment; judgment went against it, and the cause is here by writ of error to the trial court. Judicial Code (Act March 3, 1911, c ... by individuals against railroad companies, traction companies, and other corporations. In this as in other cases, there is a corrective in the authority of the court to set aside an exorbitant verdict. And it amounts to a contradiction of terms to say that, in submitting a controversy between litigants to the established courts, there to be tried according to long established ... be 'natural and inalienable,' and the authority to prohibit contracts made in derogation of a lawfully established policy of the state respecting compensation for accidental death of disabling personal injury is equally clear. . . . This statute does not concern itself with measures of prevention, which presumably are embraced in other laws. But the interest of the public is not confined to these. One ...

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