Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1875-05-19
Accept my warmest wishes now &w
While the bridal wreath entwincs you brow.
The lows Railroed Tari3 Law Me-
ciarcd Constftusional ~ the D. y.
Circuit Ceare slssIns as Des Meines
lew", May 18TH, 1S16-Opinion BY
Judge Dillon.
UNITED STATES C1RcUrr CouRr Drs.
TRIcT OF Iowa. > IT.
THR G., B. & Q. II. R., NJ,

TRICT OF IOWA. ~
TnE G., B. SO. .R.R., MN -. -.
The Arro.srr Gss. ss; or iowa. Ct a. injunction.
On the 23d day OF March, 1874, the
Legislature of the State of Iowa passed
an act entitled, "An act to establish
reasonable maximum rates Of charges
for the transportation of freiRhts and
passengers on the different railroads
Of this State. .'-( Acts of 1874, D. 81.
This act classifies all Of the railroads
within the State, according to their
gross annual earnings per mile, aud
provided In substance that railroads
earning a, 600 per mile and over Glass
Al, shall not charge more than so per
cent. of the fixed rate; that roads earn
Ing %, per mile (Class By, shall not
charge over per cent. above the fixed
rate; and roads earning $1,000 per
mile (Class c., shall NOT charge over
20 per cont. In addition to the hxed
rate; and that they shall not charge
respectively for passengers moro than,
Class A, three cents, Class B, three and
one-half cents, Class c, four cents, per
mile, for passengers.
Tho present suit 10 brought by the
Chicago, Burlington and Quincy Rail-
road Company of ILL.,, as the lessee in
perpetuity, under Legislative authori-
thority, of the Burlington and Mis-.
souri, River Railroad Company OF
Iowa, to enjoin suits by tho Attorney
General OF tho State for the enforce.
ment Of the above mentioned railway
tariff act of March %, 1874. The bill
rests upon the ground that tho act last
named is in conflict with the constitu.
tion OF the United States, in that Il
impairs the obligation OF contract,
and Is also regulation OF interstate
commerce that It is also repugnant to
the constitution Of the State, for the
reason that it does not affect all raj. .
roads alike, and is therefore not of uni-
form operation; and for the further
reason that IL conflicts with section
one Of the bill Of rights.
The answer admits most of the allie.
gations OF the bill but denies that the
b. q N. II. II. Co., either by the char
ter or the laws Of Iowa, had the erclw-
size right and power to fix its rstes OF
fare, and denies that any attempt IL 10
to be made to enforce the law, 90 far a.
|
1t Is averred in the answer that II the
3. = N. r. r. Co., ever did have such
exclusive right, 1t yielded such right
BY its acceptance Of the land grant In
A. ID. 1856 uader the conditions Q
stated In tho act granting said lands.
That since tho original charter was
granted, and after the adoption Of the
new constitution of Iowa In A. ID.
1857, said charter has been amended
In many material respects, and that
by the acceptance ofsuch amendments
tho charter became subject to amend
ment or repeal by the General Assem-.
bly,, under the provisions of said CON.
stitution conferring that power and
right upon the General Assembly; aud
that It especially applies to the Red
Oak branch, which was constructed BY
virtue Of An amendment to the charter
made In A. D., 1869.
That as to the other branch roads,
they were constructed by tho aid az
taxes levied and collected in various
townships under the cot Of 1870. which
provided that all roads constructed By
such aid, "shall bc subject to the control
OF the General Asse embly, in regard to
management Of the same and the
charges for transportation Of freiaht
and passengers"
On the bill, answer and certain ex-
hibits and affidavita, the complainant
moves for the allowance Of q tempora-
ry injunction to restrain the enforce
ment Of the act Of March %, 1874:
For the complainant.
0. II. Br0,cning, D. Rorer and Jas.
Grant. ~
N. e. Cuts, Attorney General OF
Iows, and
W. II. Seepers, for respondents.
Dillon, Circuit Judge: Whatever
rights the complainant corporation has
are derived from the Burlington &
Missouri River Railroad Company,
Is will be conceded for the purposes
of the present application that the
complainant possesses all the fran
chises, rights and powers Of tho Bur-
lington Company, and Is entitled to
the relief here sought IL the last nam.
cd company would have been entitled
thereto II IL were itself using and op.
Grating its road. An inquiry into the
| rights Of the Burlington Company 4,
respects compensation OF services rem.
dered by it, becomes necessary. Thil
Company was Incorporated IN 1854
The constitution Of the State then q
forco provided that Corporation, OK
cept for political or msaicipak pur'
poses shall not be created BY speeds
laws, but the General Assembly .shal
provide, By, By general latcs for tAs or.
gani:0tioss Of az other corporations.
/ Under this provision Of the Consti
tuition the Legislature IN 1861 passed /
genefA act for the creation Of co.por
atons for pecuniary proft, including
railway, corporations. No expresl
Ipower 70 alter or annul the articles o
association OF companies organised
under the act was reserved. (C0ds
1851, ART. 43 PIP. los and lQ9a,