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It is enough if we cannot say that it was impossible for a fair-minded board to come to the result which was reached. Ben Avon Borough as being no longer sufficient to satisfy the requirements of due process, ushering in a long period during which courts substantively evaluated the reasonableness of rate settings. The U. Illinois and its deference to rate-making authorities. Natural Gas Pipeline Co. Hope Natural Gas Co. It is the product of expert judgment which carries a presumption of validity.

And he who would upset the rate order. In dispensing with the necessity of observing the old formulas for rate computation, the Court did not articulate any substitute guidance for ascertaining whether a so-called end result is unreasonable. From the investor or company point of view it is important that there be enough revenue not only for operating expenses but also for the capital costs of the business. These include service on the debt and dividends on the stock.

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By that standard the return to the equity owner should be commensurate with returns on investments in other enterprises having corresponding risks. That return, moreover, should be sufficient to assure confidence in the financial integrity of the enterprise, so as to maintain its credit and to attract capital. And, the fact that a state, by mere legislative or administrative fiat, cannot convert a private carrier into a common carrier will not protect a foreign corporation that has elected to enter a state that requires that it operate its local private pipe line as a common carrier.

Such a foreign corporation is viewed as having waived its constitutional right to be secure against the imposition of conditions that amount to a taking of property without due process of law. Generally, the enforcement of uncompensated obedience to a regulation for the public health and safety is not an unconstitutional taking of property in violation of due process.

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A state may require that common car-riers such as railro provide services in a manner suitable for the convenience of the communities they serve. Therefore, compelling a gas company to continue serving specified cities as long as it continues to do business in other parts of the state does not constitute an unconstitutional deprivation.

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Legislators have considerable latitude to impose legal burdens upon common carriers, as long as the carriers are not precluded from shifting such burdens. Thus, a statute may make an initial rail carrier, or the connecting or delivering carrier, liable to the shipper for the nondelivery of goods which from the fault of another, as long as the carrier has a subrogated right to proceed against the carrier at fault. Similarly, a railroad may be held responsible for damages to the owner of property injured by fire caused by locomotive engines, as the statute also granted the railroad an insurable interest in such property along its route, allowing the railroad to procure insurance against such liability.

The Court has, however, established some limits on the imposition of penalties on common carriers.

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The Court also noted that the penalty was exacted under conditions not affording the carrier an adequate opportunity to test the constitutionality of the rates before liability attached. States may impose ificant regulations on busi-nesses without violating due process. Certain kinds of business may be prohibited; and the right to conduct a business, or to pursue a calling, may be conditioned. Foreign out-of-state corporations also enjoy protection under the Due Process Clauses, but this does not grant them an unconditional right to enter another state or to continue to do business in it.

Language in some early cases suggested that states had plenary power to exclude or to expel a foreign corporation. Still, it has always been acknowledged that states may subject Topeka craigslist male escort entry or continued operation to reasonable, non-discriminatory conditions.

Thus, for instance, a state law that requires the filing of articles with a local official as a prerequisite to the validity of conveyances of local realty to such corporations does not violate due process. Even during the period when the Court was invalidating statutes under liberty of contract principles, it recognized the right of states to prohibit combinations in restraint of trade. Laws and ordinances tending to prevent frauds by requiring honest weights and measures in the sale of articles of general consumption have long been considered lawful exertions of the police power.

A variety of other business regulations that tend to prevent fraud have withstood constitutional scrutiny. Thus, a state may require that the nature of a product be fairly set forth, despite the right of a manufacturer to maintain secrecy as to his compounds. The power to regulate also includes the power to forbid certain business practices.

Thus, a state may forbid the giving of options to sell or buy any grain or other commodity at a future time. Regula-tion of banks and banking has always been considered well within the police power of states, and the Fourteenth Amendment did not eliminate this regulatory authority. A state is acting clearly within its police power in fixing maximum rates of interest on money loaned within its border, and such regulation is within legislative discretion if not unreasonable or arbitrary.

Such a requirement deprives neither the borrower nor the lender of his property without due process of law. Those engaged in the insurance business as well as the business itself have been peculiarly subject to supervision and control.

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However, the Court has discerned some limitations to such regulations. A statute that prohibited the insured from contracting directly with a marine insurance company outside the state for coverage of property within the state was held invalid as a deprivation of liberty without due process of law.

Authority to subject such an agreement to the conflicting provisions of domestic law is not deducible from the power of a state to a foreign insurance company as a condition of its doing business therein. A stipulation that policies of hail insurance shall take effect and become binding twenty-four hours after the hour in which an application is taken and further requiring notice by telegram of rejection of an application was upheld.

Moreover, even though it had its attorney-in-fact located in Illinois, ed all its contracts there, and forwarded from there all checks in payment of losses, a reciprocal insurance association covering real property located in New York could be compelled to comply with New York regulations that required maintenance of an office in that state and the countering of policies by an agent resident therein.

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Dissenting policyholders have no constitutional right to a particular form of remedy. The practice of medicine, using this word in its most general sense, has long been the subject of regulation. Although statutes requiring pilots to be d and setting reasonable competency standards e.

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The Court has also upheld a variety of other licensing or regulatory legislation applicable to places of amusement, grain elevators, detective agencies, the sale of cigarettes or cosmetics, and the resale of theater tickets. A state may prohibit conduct that le to the waste of natural resources.

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A state may act to conserve resources even if it works to the economic detriment of the producer. Thus, a state may forbid certain uses of natural gas, such as the production of carbon black, where the gas is burned without fully using the heat therein for other manufacturing or domestic purposes. Such regulations were sustained even where the carbon black was more valuable than the gas from which it was extracted, and notwithstanding the fact that the producer had made ificant investment in a plant for the manufacture of carbon black.

Special pre-cautions may be required to avoid or compensate for harm caused by extraction of natural resources.

Thus, a state may require the filing of a bond to secure payment for damages to any persons or property resulting from an oil and gas drilling or production operation. A statute requiring the destruction of cedar trees within two miles of apple orchards in order to prevent damage to the orchards caused by cedar rust was upheld as not unreasonable even in the absence of compensation. Apple growing being one of the principal agricultural pursuits in Virginia and the value of cedar trees throughout the state being small as compared with that of apple orchards, the state was constitutionally competent to require the destruction of one class of property in order to save another which, in the judgment of its legislature, was of greater value to the public.

A statute making it unlawful for a riparian owner to divert water into another state was held not to deprive the property owner of due process. What it has it may keep and give no one a reason for its will. Similarly, a state has sufficient control over fish and wild game found within its boundaries so that Topeka craigslist male escort may regulate or prohibit fishing and hunting.

Oklahoma it formally overruled prior case law, indicating that state conservation measures discriminating against out-of-state persons were to be measured under the Commerce Clause. Contents: Stay. Fantastic Global Offers Make your stay even better.

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