The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1889-03-22
THE OMAHA WINS.
The Supreme Court Decides that Manka-
to-Duluth Business is Interstate
Commerce. ...
The State Commission Cannot Reg
ulate Ii.

The supreme ccnrt decides that the
railroad warehouse commission of this
state has no authority to prescribe rates
of transportation for common carriers in
another state. 1t cannot fix the rates
for carriage between two points in this
state over route extending across a
neighboring state. Such power is vested
exclusively in congress. The case in
question is the State of Minnesota ex
rel. The Railroad and Warehouse Com
mission of the State of Minnesota vs..
The Chicago, st. Paul, Minneapolis &
Omaha Railroad company. 1t was a
proceeding bv mandamus to compel this
company to comply with an order of the
railroad commission of this state pre-
scribing rates for the transportation OF
freight over their line from Duluth 10
Mankato. The question presented for
decision was as to the jurisdiction OF the
commission to make this order. The
supreme court finds that the railroad
operated by this company, and over
which its business of transportation be-
tween these two cities is carried on, is
as follows:
That the fact of the line within Du-
luth, and which extends to the boundry
line between Minnesota and Wisconsin,
is owned by the Superior Short Line
Railway Company of Minnesota, cor
poration of this state. Connecting with
this and extending into the village OF
Superior, in Wisconsin, Incorporated I'M
der the laws of Wisconsin. From Sup
erior the respondents road, the Omaha,
runs to Hudson, Wis.,, and crossing the
line at Hudson goes to Mankato by way
of st. Paul. This whole line is deemed
under the control of the Omaha road,
as though the whole were a part of it's
line. Under section of article of the
constitution, congress Is empowered "to
regulate commerce with foreign nations,
and among the several states" The
transportation of property by a common
carrier, including the rates, Is embraced
within the meaning of the word stcom-
merce." The court rules that the or
der of the commission is applicable only
to that part of the line within Minneso-
Ia. The interstate commerce commits.
sion in last November ruled upon the
question here presented, holding that
commerce between points In the same
state, but which in being carried passes
through another state, is interstate
commerce, subject to congressional leg
islation. The supreme court of Penn
sylvania has held to the contrary.
sour conclusion" says Justice Dickln-
son, sis that the commission had no jur.
isdiction to prescribe rates for tranpor.
tation through the state of Wisconsin
and the writ must be quashed." This
is the first case that the Minnesota
railroad commission has lost. In their
suits against the Minnesota Eastern and
the Milwaukee roads they were success
full. but the points between which the
transportation occurred were within the
state and had continuous line within the
state.
This case was one that originated with
the State Business Mems Association
who won their case before the commits.
sion and the latter took the matter up and
prescribed schedule of rates between
Duluth and Mankato. The Omaha re.
fused to adopt them and on the 9Th oil
January last the commissioners applied
for writ of mandamus to compel the
road to adopt the new rates. The com
missioners state that they expected the
above decision.