... Exigencies of the kind do arise in time of war or impending public danger, but it is the emergency, as was said by a great magistrate, that gives the right, and it is clear that the emergency must be shown to exist before the taking can be justified.... To Accept the Findings and to Implement the Recommendations of the ... - 456. lappuseautors: United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Federal Services, Post Office, and Civil Service - 1987 - 472 lapasPilnskats - Par šo grāmatu
| United States. Court of Claims, Audrey Bernhardt - 1958 - 1044 lapas
...shown to exist before the taking can be justified. Such a justification may be shown, and when shown the rule Is well settled that the officer taking private...is bound to make full compensation to the owner." * The narrow Issue in the case was whether, after the Army rebuilt the bridges It had previously destroyed,... | |
| United States. Supreme Court - 1872 - 1546 lapas
...shown to exist before the taking can be justified. Such a justification may be shown, and when shown the rule is well settled that the officer taking private...is bound to make full compensation to the owner.* Three steamboats, owned by the appellee, during the rebellion, were employed as transports in the public... | |
| 1917 - 498 lapas
...of delay or a resort to any other source of supply. * * * Such a justification may be shown and then the rule is well settled that the officer taking private...is bound to make full Compensation to the owner." Distinct from such requisitions from individuals is the necessary regulation of the use of property... | |
| United States. Congress. House. Committee on War Claims - 1875 - 448 lapas
...impress private property into the public service or take it for public use. Unquestionably in such cases the Government is bound to make full compensation to the owner." (13 How., 134 ; and see numerous authorities cited infra.) United States v. Russell, 13 Wallace, 627. In... | |
| United States. Congress. Senate - 1876 - 898 lapas
...are shown to be credible witnesses, and say they were eye-witnesses to the destruction of the cottou. That the Government is bound to make full compensation to the owner, tinder such circumstances, seems to have been settled by the case of Mitchell »•«. Harmony, (13... | |
| United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 lapas
...must be conceded that the officer in the public service is not a trespasser, but it is equally true that the government is bound to make full compensation to the owner. Mitchell v. Harmony, 13 How. 134 ; United States v. Russell, 13 Wall. 627. Letters-patent for a new... | |
| Hubert Ashley Banning, United States. Circuit Courts - 1882 - 752 lapas
...must be conceded that the officer in the public service is not a trespasser, but it is equally true that the Government is bound to make full compensation to the owner. Mitchell v. Harmony, 13 How., 134 ; US v. Russell, [3 Wall., 627. Letters patent (No. 72,360) for a... | |
| Abraham Clark Freeman - 1889 - 994 lapas
...shown to exist before the taking can be justified. Such a justification may be shown, and when shown, the rule is well settled that the officer taking private...the government is bound to make full compensation": United States v. Russell, 13 Wall. 623, 627. DAMAliE FROM OVERFLOWING LAND — DIVERTING STREAM, ETC.... | |
| Abraham Clark Freeman - 1889 - 966 lapas
...shown to exist before the taking can be justified. Such a justification may be shown, and when shown, the rule is well settled that the officer taking private property for such a purpose, if the emergency U fully proved, is not a trespasser, and that the government is bound to make full compensation ":... | |
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