| 1917 - 498 pages
...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 pages
...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 not,... | |
| 1897 - 1036 pages
...be burdened In this way with a tax much less than that which would be produced If Its property had been subjected to a single ad valorem tax.' This exposition...determines the validity of the exercise of the power." And, summing the whole up, the court concluded (page 700, 155 US, and page 271, 15 Sup. Ct.): "We are... | |
| 1895 - 1088 pages
...determined by reference to the amount and value of the property. Being thus brought within the míe, the tax becomes substantially a mere tax on property,...charge as to telegraph companies operating less than 1,000 miles of wire, was directed to reach a reasonable commutation of the amount which the company... | |
| 1917 - 1170 pages
...the Commission; (3) because It la so unreasonable that It comes — "within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power." No other question is within the appellant's brief. By statute the findings of fact by the Commission... | |
| 1915 - 1132 pages
...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,... | |
| 1914 - 812 pages
...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... | |
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