The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-06
PINGREE WINS HIS CASE
COURT ISSUES A MANDAMUS AGAINST
THE sIICHsGAN CENTRAL.
Railway Must Sell the Governor a
1000 Mileage Book for $50, Good
for Amy Member of the Family.

DETROIT, Mich, Feb. 5-Judge Dono-
van, of the Circuit Court, to-day ordered
issuance of a mandamus against the Mich
igan Central Railroad in the suit brought
by Governor Pingree to compel the railroad
company to sell him a 1,000-nileage book,
good not only for himself but for any mem
Der of his family, for $50. In his opinion
rendered Judge Donovan reviewed the rail-
road company's contention, namely. That
under it's special charter the company was
granted the privilege of fixing its own rates
of fare, which privilege, however was
claimed by the state to be indefinite as the
roads charter merely gave the company
power to fix fares by bylaws, and, if so,
under police power only reasonable rates
could be fixed. as under such power all
rules touching the welfare and duty of citi-
zens, their property, comfort and happiness,
can be regulated by law. Ehis is true of
hackmen, millers, toll roads, common car
riers, liquor dealers and all others doing
public business. 1T is Also said the
court, claimed for the state that the Mich
igan Central secured control of various
branch roads, and reported to the state
vast holdings with these roads, amounting,
in fact, to a consolidation with some six
or eight lesser lines. That these branch
lines were built by the Michigan Central or
are held by stock or mortgages in various
ways by the company, is not clearly desig-
mated in their state reports
Judge Donovan cited a recent New Jersey
case, in which it was held that similar acts
mean a consolidation, and pointed out the
fact that the federal courts have held in Il
case from Georgia, bearing on exclusive
rights by charter to charge a scent fare
fte,f I II. zftn 4J,A 10
govern the rate. He also quoted Chief JUS
tice Waite as having said that. when one
devotes property to a public use, he must
be controlled by the public laws Abiding
to section of the cOmpany'S charter UNI
der which the state has reserved the right
to buy the road after thirty years. the court
said counsel for defendant has not Shown
way out of a situation which, whereby
vastly enlarged holdings in other roads, the
Michigan Central had paced the State in a
pOWerleSS condition to alter its bargain by
way of a purchase of the defendant COM
pany and to pay damages therefor. Counsel
for defense had not explained the impossi-
BILE part of now revising the charter which
| is urged to be perpetual, made so by the
very condition it has brought about, by new
franchises and changed relations with the
State.
Judge Donovan quoted several decisions
of the United States Supreme Court under
which the right to regulate fares and
charges was reserved to the State. He con-
cluded that the Michigan Central is still UNI
der ponce power reserved TO the state, ana
that the company cannot fix rates by by
laws repugnant to the laws of the State. 1t
is clearly settled law that the companys
whole system is under state law and state
control. 1t cannot escape state statutes
by it's bylaws. which conflict with consti-
tutional requirements. The company can
not even tender to the State what it pur-
chased in 1S46 and which the State could
buy back in 1867. These holdings are so
vast that eventually either the company
will control the state railway system or
that function must remain in the State. In
case of doubt, the State is entitled to the
doubt. The mandamus will issue"