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Budd Vs. New York
Cites for this judgment
- US Supreme Court
- Feb 29, 1892
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Budd v. NewSearch
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York - 143 U.S. 517 (1892) U.S. Supreme Court Budd v. NewSearch
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York, 143 U.S. 517 (1892) Budd v. NewSearch
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with a public interest, and did not violate the Constitution of the United States, and was valid. The case of Munn v. IllinoisSearch
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Railway Co. v. MinnesotaSearch
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giving a dissenting opinion, and Judge Peckham adhering to the dissenting opinion which he gave in the case of People v. WalshSearch
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of the Court. The main question involved in these cases is whether this Court will adhere to its decision in Munn v. IllinoisSearch
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U. S. 113 . The Court of Appeals of New York, in People v. BuddSearch
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and were engaged in that business, and it answered the inquiry in the affirmative. It also reviewed the case of Munn v. IllinoisSearch
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was similar to, and not distinguishable in principle from, the act of the State of New York. In regard to Munn v. IllinoisSearch
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Bertholf v. O'ReillySearch
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B.E.S. R. Co. V. B.SSearch
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R. Co., 111 N.Y. 132, and People v. KingSearch
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N.Y. 418, as cases in which Munn v. IllinoisSearch
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had been referred to by it, and said that it could not overrule and disregard Munn v. IllinoisSearch
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without subverting the principle of its own decision in People v. KingSearch
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and certainly not without disregarding many of its deliberate expressions in approval of the principle of Munn v. IllinoisSearch
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case and justifying legislative regulation. The opinion further said that the criticism to which the case of Munn v. IllinoisSearch
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of Appeals of New York, so far as they support the validity of the statute in question, as sound and just. In Munn v. IllinoisSearch
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of conviction against them on the ground that the statute of Illinois was a valid and constitutional enactment, Munn v. PeopleSearch
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of the United States, and to the Fifth and Fourteenth Amendments of that Constitution. This Court, in Munn v. IllinoisSearch
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This Court further held in Munn v. IllinoisSearch
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U. S. 747 , Mr. Justice Bradley, who was one of the Justices who concurred in the opinion of the court in Munn v. IllinoisSearch
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in Sinking Fund Cases, it shows what Mr. Justice Bradley regarded as the principle of the decision in Munn v. IllinoisSearch
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In Spring Valley Waterworks v. SchottlerSearch
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monopoly of the sale, we do not doubt. That question is settled by what was decided on full consideration in Munn v. IllinoisSearch
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Railway Co. v. IllinoisSearch
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U. S. 557 , 118 U. S. 569 , Mr. Justice Miller, who had concurred in the judgment in Munn v. IllinoisSearch
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In Dow v. BeidelmanSearch
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U. S. 686 , it was said by MR. JUSTICE GRAY, in delivering the opinion of the Court, that in Munn v. IllinoisSearch
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JUSTICE GRAY and MR. JUSTICE LAMAR concurred, that the decision of the Court in that case practically overruled Munn v. IllinoisSearch
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but the opinion of the Court did not say so, nor did it refer to Munn v. IllinoisSearch
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distinguishable from the present cases. It is thus apparent that this Court has adhered to the decision in Munn v. IllinoisSearch
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and those doctrines have since been repeatedly enforced in the decisions of the courts of the states. In Railway v. RailwaySearch
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Ohio St. 604, 616, in 1877, it was said, citing Munn v. IllinoisSearch
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That was a decision by the Supreme Court Commission of Ohio. In State v. GasSearch
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Company, 34 Ohio St. 572, 582, in 1878, Munn v. IllinoisSearch
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to be controlled by the public for the common good so long as he maintains the use, and the court added that in Munn v. IllinoisSearch
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with franchises to be exercised to subserve the public interest. The Supreme Court of Illinois, in Ruggles v. PeopleSearch
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Ill. 256, 262, in 1878, cited Munn v. PeopleSearch
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Ill. 80, which was affirmed in Munn v. IllinoisSearch
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exercising the business of storing and handling grain for individuals. The Supreme Court of Alabama, in Davis v. StateSearch
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was a mere police Page 143 U. S. 540 regulation, to which there was no constitutional objection, citing Munn v. IllinoisSearch
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profits of agricultural pursuits, to the public detriment at least within the specified territory. In Baker v. StateSearch
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Wis. 368, 373, in 1882, Munn v. IllinoisSearch
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in conflict with any provisions of the federal Constitution. The Court of Appeals of Kentucky, in 1882, in Nash v. PageSearch
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Ky. 539, 545, cited Munn v. IllinoisSearch
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monopoly of the sales of tobacco at auction. In 1884, the Supreme Court of Pennsylvania, in Girard Storage Co. v. SouthwarkSearch
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Co., 105 Penn.St. 248, 252, cited Munn v. IllinoisSearch
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U.S. Supreme Court Budd v. NewSearch
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