| 1917 - 498 lapas
...manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." This case was immediately followed by Baltimore & Ohio R. Co. v. Pitcairn Coal Co.,30 where the coal... | |
| 1910 - 1052 lapas
...manifested in such an unreasonable manner as to cause It, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." The inquiry is not to be answered by deciding that in the judgment of the court the order is, or is... | |
| 1897 - 1036 lapas
...which case I shall hereafter refer, this court said (page 698, 155 D. S., and page 270, 15 Sup. Ct): "The substance, and not the shadow, determines the validity of the exercise of the power." It seems to me that, to maintain the tax levied by the state of Ohio, this ruling must be reversed,... | |
| 1895 - 1088 lapas
...substantially a mere tax on property, and not one imposed on the privilege of doing Interstate business. The substance, and not the shadow, determines the validity of the exercise of the power. The act, In prescribing the ascertainment of the charge as to telegraph companies operating less than... | |
| 1915 - 1132 lapas
...manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power. * * * Plain as it is that the powers just stated are of the essence of judicial authority, and which,... | |
| 1917 - 1170 lapas
...and if this power was not exercised by it in such a manner as to cause it to be within the rule that the substance, and not the shadow, determines the validity of the exercise of the power, the order made is not conflscatory, and does not deprive the petitionee of its property without due... | |
| 1914 - 812 lapas
...been exercised in such an unreasonable manner as to cause it to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." 18 Recourse to the courts to settle these questions is itself governed by these principles. The vindication... | |
| 1895 - 914 lapas
...a State on interstate commerce, such taxation amounts to a regulation of such commerce, and cannot be sustained, yet the property in a State belonging...validity of the exercise of the power." Postal Telegraph Co. v. Adams, 155 US 688. Nothing can be clearer than that what the Constitution intended to guard... | |
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