Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1877-03-15
LEGISLATURES CAN REGULATE RAIL-
ROADS.
The Changers Triumph In the Supreme
Court,

The Granger, Triumph in the Supreme
Court.
The q. s. Supreme Court at Wash.
ington on the 1st., decided the long
pending case relating to the power Of
the Legislatures of Illinois, Wisconsin,
Iowa and Minnesota to regulate rail
road rates. The decision is against
railroads, and the syllabi are as fol.
lows: ....-..--.
Pick ct al. VS.. The Chicago and
Northwestern Railroad company ct al,
and Lawrence ct al. vs.. Paul and
others, and the Chicago Northwestern
Railroad company'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 tho State, or taken up
outside and brought within it, 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 tho State
to regulate the fares Of railroads so far
as they are of domestic concern. This
company, it is said, has domestic re-
l"tions with the State, and incident.
ally these relations may reach beyond
the State. Until Congress undertakes
to legislate for those who are without,
the State of Wisconsin may provide
for those within, even though it may
indirectly affect those without. A.
0rmed. =
The Chief Justice delivered the
opinion.
The Chicago, Milwaukee and St.
Paul Railroad Company vs.. Ackly ct
al, error to the Circuit Court for
Wisconsin. The only question pre-.
scented in this case is whether the rail
road company in Wisconsin can re-
cover for the transportation OF proper
ty more than the maximum fixed by
the statute by showing that the amount
charged was no more than reasonable
compensation for the services rem
dered. The decision is that as be-
tween the company and the freighter
the maximum of the statute is limit
of the recovery for the transportation
actually performed. II 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. At
6rmed.
The Chief Justice delivered the
opinion.
Stowe, VS.. State of Wisconsin, error
to the circuit court for Wisconsin.
The only question in this case not de.
cided in the case Of the Chicago, Mil
waukee and St. Paul railroad company
VS.. Ackley, just decided, is as to the
effect upon the rights of these parties
of the charter of the Milwaukee and
Waukesha railroad company passed by
the Territorial Legislature of Wiscon.
sin in lS47. This provides that on the
completion of said road or any portion
of the track not less than ten miles, it
shall be lawful for the company to de-
| mand and receive 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 com.
pany charter-light to fix its own rates
of fare and freight, subject only to ju-
dicial determination as to whether
they are reasonable. The court affirm
the view of the supreme court OF the
State on this question, that the charter
was accepted and the corporation or
ganized many months after the adop'
ton of the constitution and admission
of the State into the Union by Congress.
Previous to that time it remained a
naked proposition. For this reason it
is held that its acceptance after the
organization of the State, so far as it
is contract, makes it manifestly a
contract with the State. 4 Affirmed.
THE IOWA LAW.
The Chicago, Burlington and Quincy
RAILROAD company vs.. Attorney Gen.
eral and State Treasurer Of Iowa, All
appeal from the Iowa circuit. In this
case it is said, tho railroad companies
are carriers for hire. They are moor
porated powers in order that they may
the better serve the pubic in that Ca
pacity. They are, therefore, engaged
in public employment, affecting public
interests, and under the decision in
the case of Mum & Scott vs., The Peo-
of Illinois 1.-THE principal CASEY subject
to legislative control rs to their rates
of fare and freight unless protected
by their charters. In the absence of
legislative regulation on the subject of
fares the courts must decide for it, as
they do for private persons when con-
troversies arise-what is reasonable,
but when legislature steps in, and pre-.
scribes the maximum of the charge, it
operates on the corporation the same
as it does upon individuals engaged in
similar business. A uniform rate OF
charges for all railroad companies
might operate unjustly upon some. It
was proper, therefore, to provide in
some way for adaptation of the rates
to the circumstances of the different
roads, and the legislature in the ex-
ercise of it's discretion has seen fit to
do this by system of classification land
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.