 | United States. Court of Claims - 1925 - 828 lapas
...its nature, the ascertainment of reasonable compensation to carriers for services exacted by statute. "But this is a judicial and not a legislative question....political and legislative character; but when the taking lias been ordered, then the question of compensation is judicial." Moiwngahela Navigation Company,... | |
 | 1908 - 1168 lapas
...federal statute as to condemnation unconstitutional and Invalid, the court, through Justice Brewer, said: "By this legislation Congress seems to have assumed...this Is a judicial, and not a legislative, question. * * * It does not rest with the public, taking the property, through Congress or the Legislature, Its... | |
 | Georg Jellinek, Georg Meyer, Gerhard Anschütz, Fritz Fleiner - 1905 - 606 lapas
...Leuchttürmen, Hafendämmen, Docks, Heeresstrafsen, öffentlichen Gebäuden etc. etc. l Hare aa O. p. 339 ff. 4 „The legislature may determine what private property...needed for public purposes — that is a question of a politieal and legislative character: Imt when the taking has been ordered, then the question of compensation... | |
 | Frank Hendrick - 1906 - 604 lapas
...be ascertained. All this is settled in the case of Monongahela Navigation Co. v. The United States:1 "By this legislation Congress seems to have assumed the right to determine what shall be a measure of com- r pensation.2 But this is a judicial and not a legislative question. The legislature... | |
 | Henry Newton Ess - 1907 - 420 lapas
...remarking that this question may come up in the future trial of this case, the court continuing say : "By this legislation Congress seems to have assumed...what private property is needed for public purposes [Did the government need the franchise?]—that is a question of a political and legislative character;... | |
 | 1908 - 1366 lapas
...Federal statute as to condemnation unconstitutional and invalid, the court, through Justice Brewer, said: "By this legislation Congress seems to have assumed...this is a judicial, and not a legislative, question. ... It does not rest with the public taking the property, through Congress or the legislature, its... | |
 | Elbert William Robinson Ewing - 1908 - 242 lapas
...The entire amendment is a series of negations, denials, of right or power in the Government. . . . "Congress seems to have assumed the right to determine...shall be the measure of compensation. But this is ju149 US 736. dicial, not a legislative question. The legislature may determine what private property... | |
 | 1909 - 1374 lapas
...necessity is distinct from the question of public use. and that the former question is for the legislature. The legislature may determine what private property is needed for public purposes. for that is a question of a political and legislative character. Monongahela Nav. Co. v. United States.... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1912 - 748 lapas
...Legislature has nothing to do. As was said in ^fonongahela Nav. Co. v. United States, 148 TJ. S. 312, 327 : " The legislature may determine what private property...needed for public purposes — that is a question of political and legislative character; but when the taking has been ordered, then the question of compensation... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1918 - 976 lapas
...legislative branch its powers. Now on page 327 of that volume that matter is determined. The court says : By this legislation Congress seems to have assumed...political and legislative character, but when the taking is ordered, then the question of compensation is judicial. It does 'not rest with the public taking... | |
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The legislature may determine what private property is needed for public purposes — that is a question of a political and legislative character; but when the taking has been ordered, then the question of compensation is judicial. 
