Druge izdaje - Prikaži vse
Pogosti izrazi in povedi
applied arbitrary or capricious BOWEN BRUTON CARPENTER Chairman Commis committee conclusion confiscation confiscatory Congress constitutional rights constitutionality Court of Appeals delay District of Columbia due process DUNLOP ELLENBOGEN entitled equity exclusive exercise February 12 Federal Radio Commission Federal Trade Commission filed findings of fact fourteenth amendment hearing HOOVER independent judgment Interstate Commerce Commission involved issue judicial review jurisdiction Keller language law and facts litigation matter memorandum ment method of review mission Ohio Valley Water order or decision ORSDEL paragraph 66 Pennsylvania people's counsel plaintiff in error Potomac Electric Power PRETTYMAN procedure proceeding process of law public service commission Public Utilities Act Public Utilities Commission questions of law Radio Act Railroad Railway rates reason record remedy require review provided ROBERTS sion statement statute substantial evidence SULLIVAN supported by substantial Supreme Court telephone testimony tion United unreasonable valuation VAN ORSDEL words
Priljubljeni odlomki
Stran 3 - That the review by the court shall be limited to questions of law and that findings of fact by the Commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Commission are arbitrary or capricious.
Stran 110 - State must provide a fair opportunity for submitting that issue to a judicial tribunal for determination upon its own independent judgment as to both law and facts; otherwise the order is void because in conflict with the due process clause, Fourteenth Amendment.
Stran 96 - Whether the Commission applies the legislative standards validly set up, whether it acts within the authority conferred or goes beyond it, whether its proceedings satisfy the pertinent demands of due process, whether, in short, there is compliance with the legal requirements which fix the province of the Commission and govern its action, are appropriate questions for judicial decision.
Stran 36 - If the court shall, upon the record, find that the order appealed from is unreasonable or based upon incompetent evidence materially affecting the determination or order of the Commission, or is otherwise not in conformity with law, it may enter a final decree reversing the order of the Commission, or, in its discretion, it may remand the record to the Commission, with directions to reconsider the matter and make such order as shall be reasonable and in conformity with law.
Stran 103 - Commission within the scope of its authority, or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the Commission in the performance of its official duties...
Stran 71 - ... without due process of law, in violation of the fifth amendment to the Constitution, in case it is made by the United States authority, or in violation of the fourteenth amendment to the Constitution of the United States in case this legislative authority is exercised by a State.
Stran 103 - No court of this state (except the supreme court to the extent herein specified) shall have jurisdiction to review, reverse, correct or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain or interfere with the commission in the performance of its official duties ; provided, that the writ of mandamus shall lie from the supreme court to the commission. in all proper cases.
Stran 67 - This court has held the owner to be entitled to " a fair opportunity for submitting that issue to a judicial tribunal for determination upon its own independent judgment as to both law and facts.
Stran 4 - No corporation or person, or the State, shall in any court urge or rely on any ground not set forth in said application.
Stran 74 - Independently, although in its essence it may be contained in the previous one, viz, whether, even although the order be in form within the delegated power, nevertheless It must be treated as not embraced therein, because the exertion of authority which is questioned has been 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.