The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1877-03-15
LEGISLATURES CAN, REGULATE RAIL.
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The Changers Triumph in the Supreme
The U. S. Supreme Court at Wash
ington on the 1st instant decided the
long pending cases relative to the
power Of the legislatures IN Illinois,
Wisconsin, Iowa and Minnesota to reg
ulate railroad rates. The decj sion is
against the railroads, and the syllabi
are as follows.
Peck. ct al. VS.. The Chicago and
Northwestern Railroad company ct al,
and Lawrence ct al. vs.. Paul and 9th.
ers, and the Chicago and Northwestern
Railroad C0mpany's appeals from the
circuit court for the Western dis
trict of Wisconsin. These suits pre-.
sent the single question Of the power
of the legislature of the state of Wis
consin to provide by law for the max.
imum of the charge to be made by the
Chicago and Northwestern Railroad
company for fare and freight upon the
transportation of persons and property
carried within the state or taken up
outside and brought within or taken
up inside and carried out. The decis-
ion is that until congress acts in refer
ence to the relations of Interstate
commerce it is competent for the
state to regulate the fares of railroads
80 far as they are of domestic concern.
This company, it is said, has domestic
relations with the state and incidentally
these relations may reach beyond the
state. Until congress undertakes to
legislat efor those who are without, the
state of Wisconsin may provide for
those within. even though it may indi-
rectly affect those without. Af-
frmed.
The chief Justice delivered the opin-
ion.
The Chicago, Milwaukee and St.
Paul Railroad company vs.. Ackly ct al.
error to the circuit court for Wiscon-
sin. The only question presented in this
case is whether the railroad company
in Wisconsin can recover for the tran.
sportation of property more than the
maximum fixed by the statute by
showing that the amount charged was
no more than reasonable compensa-
ton for the services rendered. The
decision is that as between the CON-
pany and the freighter the maximum
of the statute is a limit of the recov-
cry for the transportation actually
performed. If the company should
refuse to carry at the prices fixed, and
an attempt should be made to forfeit
its charter on that account other
questions might arise which will not
be anticipated at this time. For the
goods actually carried the limit of the
state is the limit of the recovery.
Affirmed,
The chief justice delivered the opin.
ion.
Stowe VS.. State of Wisconsin, error
to the circuit court for Wisconsin.
The only question in this case
not decided in the case of
the Chicago, Milwaukee and St.
Paul railroad company VS.. Ackly,
just decided, is as to the effect upon
the rights of these parties of the char
ter OF the Milwaukee and Waukesha
railroad company passed by the Terri
torial Legislature of Wisconsin IN l847.
This provides that on the completion
of said road or any portion of the track
not less than ten miles, it shall be law
full for the company to demand and re-
ceive such sum or sums of money for
the passage of freight, of persons and
property as they shall from time to
time think reasonable. This, it was
claimed, gave the company charter
right to fix its own rates of fare and
freight, subject only to judicial deter.
m no ion ~ m WI, Of hor 4hox, .,ro rao
sonable. The curt affirm the view of
the supreme CRIT Of the State on this
question that the charter was accepted
and tho corporation organized reany
months after the adoption of the con-
stltution and admission Of the State in
to the Union by congress-. Previous
to that time it remained naked prop.
osition. For this reason it is held
that it's acceptance after the organiza.
ton of the State SO far as it is con-
tract makes it manifestly a contract
with the State. Affirmed.
The Chicago, Burlington and Quincy
Raj road company VS.. Attorney Gener.
al and State Treasurer of Iowa. an ap.
peal from the Iowa circuit. In this
case it is said, the railroad companies
are carriers for hire. They are incor-
porated powers in order that they
may the better serve the public in
that capacity. They are, therefore,
engaged in public employment affect.
ing public interests, and under the de.
cision in the case of Mum & Scott VS..
The people of Illinois 1.-THE principal
CASEY subject to legislative control as
to their rates Of fare ard freight IN.
less protected by their charter. In
the absence of legislative regulation
on the subject of fares the courts must
decide for it, as they do for private
persons when controversies arise
what is reasonable, but when the legis.
lature steps in, and prescribes the max.
imum of the charge, it operates on
the corporation the same as it does up.
| on individuals engaged in similar
business. A uniform rate of charges
for all railroad companies might oper
ate unjustly upon some. 1t was proper
therefore, to provide in some way for
the adaptation Of the rates to the cir.
cumstances of the different roads, and
the legislature in the exercise of its
discretion has seen fit to do this by a
system of classification, and whether
this was the best that could be done
is not for the courts to decide.
Affirmed.
The chief justice delivered the
opinion.
THE MINNESOTA LAW.
The Winona and St. Peter Railroad
company vs.. Blake ct al, error to the
supreme court of Minnesota, and No,
"A, Mc1lrath, receiver, vs.. Coleman,
error to the circuit court for the dis.
trict of Minnesota. In the former case
it is said that the road was byits char.