Central Pac Co v. People of State of California’s Empirical Analysis

Citation profile

24 federal appellate · 14 district · 45 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 190 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““■* * * conceding to Congress the power to remove the corporation, in all its operations, from the control of the state, there is in the act creating this company nothing which indicates an intent on the part of congress so to remove it, and there is nothing in the enforcement by the state of reasonable rates for transportation wholly within the state which will disable the corporation from discharging all the duties and exercising all the powers conferred by Congress. * * * (Congress) knew that * * * it would be engaged in a business, control of which is nowhere, by the federal constitution, given to congress. It must have known that, in the nature of things, the control of that business would be exercised by the State, and if it deemed that the interests of the nation, and the discharge of the duties required on behalf of the nation from this corporation, demanded exemption in all things from state control, it would unquestionably have expressed such intention in language whose meaning would be clear. Its silence in this respect is satisfactory assurance that, in so far as this corporation should engage in business wholly within the state, it intended that it should be subjected to the ordinary control exercised by the state over such business. * * *””

   1 later decision quote this exact passage · from the majority
   e.g. Stuyvesant Town, Inc. v. Ligham

2. ““Generalized, and divested of the special form which it assumes under a monarchical government based on feudal traditions, a franchise is a right, privilege, or power of public concern, which ought not to be exercised by private individuáis at their mere will and pleasure, but should be reserved for public control and administration, either by the government directly, or by public agents, acting under such conditions and regulations as the government may impose in the public interest, and for the public security. Such rights and powers must exist under every form of society. They are always educed by the laws and customs of the community. Under our system, their existence and disposal are under the control of the legislative department of the government, and they cannot be assumed or exercised without legislative authority. No private person can establish a public highway, or a public ferry, or railroad, or charge tolls for the use of the same, without authority from the legislature, direct or derived. These are franchises. No private person can take another’s property, even for a public use, without sueh authority, which is the same as to say that the right of eminent domain can only be exercised by virtue of a legislative grant. This is a franchise.””

   1 later decision quote this exact passage · from the majority
   e.g. Hamill v. Hawks

3. ““So far as the ability of the company to discharge its duties and obligations to the general government is concerned, it is difficult to see that taxation of the state franchise would tend to impair that ability any more than taxation of the roadway, roadbed, rails, and rolling stock. If tlie necessary effect of a tax on such tangible property is not to unconstitutionally hinder the efficient' exercise of the power to serve the government, neither can it be so in respect of the state franchise. Indeed, the taxation by the state of the franchise granted by it does not, and could not. prevent plaintiff in error from acting under its federal franchise.””

   1 later decision quote this exact passage · from the majority
   e.g. Large Oil Co. v. Howard