The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1877-03-09
THE'GRANsHa cAxyv

Important Decisions by the un,.s
supreme Court-The Railroaa I.
Wisconsin and Iowa Sustained.
The Supreme Court rendered the fol-
loving decisions
Peck ct al. vs. The Chicago and North
western Railroad Company ct al, and
Lawrence ct a. vs.. Paul and others, and
the Chicago and Northwestern Railroad
companys appeals from the Circuit Court
for the Western District of Wisconsin.
These suits present the single question
of the power of the Legislature of the
State of Wisconsin to provide by law for
a maximum of charges to be made by the
Chicago and Northwestern Railroad Com
pany for fare and freight upon the trans
portation OF persons and property carried
within the State or taken up outside and
brought within it, or taken inside and
carried out. The decision is that until
Congress acts in reference to the relations
OF Interstate commerce it is competent
for State to regulate the laws of rail
roads so far as they are of domestic con-
Germ. This company, it is said, has do
nestle relations with the State, and Incl
dentally 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 af-
feet those without. Affirmed. The Chief
Justice delivered the opinion.
The Chicago, Burlington and Quincy
Railroad Company VS.. the Attorney Gen
eral and State Treasurer of Iowa. An
appeal from the Iowa circuit. In this
case it is said the railroad companies are
carriers for hire. They are incorporated
powers, in order that they may the bet
ter serve the public in that capacity.
They are, therefore, engaged in public
employment affecting public interests,
and, under the decision in the case
of Mum & Scott VS.. The People
of Illinois (the principal case), subject
to Legislative control as to their rates of
fare and freight, unless protected by
thcir charters. In the absence of legis-
lative 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
Legislature steps in and prescribes a
maximum of charges, it operates upon
the CORPORATION the same as it does upon
individuals engaged in similar business.
A uniform rate of charges for all railroad
companies might operate nnjustly upon
some. 1t was proper, therefore, to pro-
vide in some way for the adaptation of
rates to the circumstances of the differ
ent roads, and the Legislature, in the
exercise of its discretion, has yedn fit to
do this by system of classifiotL on, and
whether this was the best that Jould be
done is not for the court to decide.
Affirmed. The Chief Justice delivered
the opinion.
The Chicago, Milwaukee and st. Paul
Railroad Company VS.. Ackley ct al. Err
ror to the Circuit Court for Wisconsin
The only question presented in this case
is whether railroad company in Wis
consin can recover for the transportation
of property more than the maximum
fixed 10y the statute by showing that the
amount charged was no more than rea-
sonable compensation for the services
rendered The decision is that, as be-
tween the company and freighter, the
maximum of the statute is the limit of
recovery for transportation actually per-
yorIned. If the company should refuse
to carry at the prices fixed, and an at
tempt should be made to forfeit its
charter on that account, other questions
might arise which will not be anticipated
Mt this time For goods actually carried
the liIEit of State is the limit of the re-
covery- Affirmed. The Chief Justice
delivered the opinion