Stephen J. Field: Dissent in Munn v. Illinois

(1877)

Document Text

The doctrine of the State court, that no one is deprived of his property, within the meaning of the constitutional inhibition, so long as he retains its title and possession, and the doctrine of this court, that, whenever one’s property is used in such a manner as to affect the community at large, it becomes by that fact clothed with a public interest, and ceases to be juris private only, appear to me to destroy, for all useful purposes, the efficacy of the constitutional guaranty. All that is beneficial in property arises from its use, and the fruits of that use; and...

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