The Red Cloud chief., 1898-02-11
FOR A 2-CENT RATE.
GOVERNOR PINCREP WINS
HIS FIGHT.
Michigan Central Loscs-State Has tho
Right to Regulate Railroad Fares By
Reason Of It's Police Powcrs-Raiiways
Cannot FIX Rates.

DETROIT. Mich, Feb fudge Don.
Svan Of the circuit court to-day or
dered issuance Of a mandamus against
the Michigan Central railway In the
suit brought by Governor Pingree to
compel tho railway company TO sell
him a 1000 mileage book good, not
only for himself, but for any mem
Der OF his family, for $50.
In his opinion Judge Donovan re-
viewed the railroad company's conten-
ton. He held that under its special
charter the company was granted the
prvilegof fixing It's W rates OF fares
This privilege, however, was claimed
by the state TO be indefinite, as the
rond's charter merely gave the com.
pany power to FIX fares BY bylaws.
In that case, under police power only
reasonable rates could be fixed, as
under such power all rules touching
the welfare and duty OF citizens. their
property. comfort and happiness can
be regulated by law, this being true
of hackmcn, millers, toll roads, com
mon carriers, liquor dealers and all
others doing public business.
1T Is also" said the court, claimed
for the state that tho Michigan Cen.
trail secured control Of various
branches and reported TO the state
vast holdings with these roads, amount
ing In fact to n consolidation with
some six or eight lesser linca 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 designated in
their state reports"
Judge Donovan rccited n recent New
Jersey case, in which IL was held that
similar acts mean a consolidation, and
pointed out the fact that the federal
courts have held in n case from
Georgia, bearing on exclusive rights
by charter TO charge a five cent Fare.
that the legislature still has power TO
govern the rate. lie also quoted
Chief Justice Waite as having said
that when n dcvotes property TO n
public use he must bs controlled by
the public laws.
Abiding to n section Of the COM
pany's charter under which the state
reserved the right to buy the road.
after thirty years, the court said coun-
eel for defendant had not shown a way
out OF a situation where by vastly en-
larged holdings in other roads the
Michigan Central had placed the state
in a powerless condition to alter its
bargain by way Of q purchase Of the
defendant company and to pay dam
ages therefor.
Tho railroads counsel had not OK
planned the impossible part Of now re
VisinR the charter, which Is urged t.
ks perpetual, made so by the YER,
conditions it has brought about by
now franchises aud changed relation!
with the state.
Judge Donovan quoted several de
c~isions Of the United States supreme
court, under which the right to rcgu
latc fares and charges was reserved e
The state. He concluded that tn,
Michigan Central is still under polio,
power reserved to the state, and thu
''the company cannot fix rates by by
laws repugnant to the laws OF tn,
state.
"The company cannot even tende,
to this state what 1t purchased in la
and which the state could buy back i,
1897. The holdings arc so vast tina
eventually either the company vii
control the state railway system o
that function must remain in the state
In case Of doubt tho state Is entit!e'
70 the doubt.
1.-THE mandamus will issue"