...for extreme case are allowable to test a legal principle — the rule to be extracted is this : that where, under a power in a charter, rights have been...under a legitimate exercise of the powers granted." Page 253. "This rule," says Mr. Justice Strong, "has been recognized ever since." 99 US 700-742. The...

...property shall not be taken for public use without compensation. It follows, therefore, 'that where, under power in a charter, rights have been acquired and...have become vested under a legitimate exercise of the [137] powers granted.' Com. v. Essex Co. 13 Gray, 239." See also Water Power Cases, 148 Wis. 124, 136,...

...property shall not be taken for public use without compensation. It follows, therefore, that where, under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted. Cqm. v. Essex Co. 13 Gray, 239.' See also Water Power Cases, 148 Wise. 124, 136, 38 LRA (NS) 526, 134...

...used and enjoyed, which do not defeat or essentially impair the object of the grant, or take away any property or rights which have become vested under a legitimate exercise of the powers granted." It is settled that, in the exercise of this power, the Legislature may subject the corporation to additional...

...(Mass.) 239, (1859), said at page 253: ''Perhaps * * the rule to be extracted is th1s: that where, under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted." The same conclusion is reached in Lake Shore & MS Ry. Co. v. Sm1th, 173 US 684,690 (1898), citing the...

...limited and qualified, and was so considered in the case of Crease v. Babcock, 23 Pick. 334 Where, under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted." In Commissioners v. Holyoke Co., 104 Mass. 446, the holding is: "The provision of the Rev. Stats.,...

...privilege and this duty are, as we think we have already shown, not property at all. Assuredly they are not property or rights which have become vested under a legitimate exercise of the powers granted. The right to vote for trustees was created by the act of incorporation itself, it did not become vested...

...entirely undermine the efficacy of reservation clauses. They only limited the legislature's power to "take away the property or rights which have become vested under a legitimate exercise of the [charter]." 73 Especially after the Charles River Bridge decision, reservation clauses and statutes...

...the established principle that "no amendment or alteration of the charter can take away the property rights which have become vested under a legitimate exercise of the powers given."102 In his view, if a public service corporation was required "to take as compensation" rates...

...legislature had given the Essex Company "rights [which] have been acquired and become vested, [and] no amendment or alteration of the charter can take...become vested under a legitimate exercise of the powers granted."52 Thus the 1 856 act was null and void."53 For those concerned about fish, Judge Shaw's 1859...