Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1911-02-13

Opinion is Very Comprehensive and
Far Reaching and Lays Down Invalua-
BILE Rule That Powers of the Com
mission are Very Clearly Defined.

per thousand feet The latter rate
appears to be the important one
in these cases, as it includes min
ing timbers.
Complainants allege that the rates
prescribed by the railroad commits
sion for the transportation of forest
products between the designated
points are unreasonable and unjust,
unremunerative and confiscatory;
that the authority of the railroad
commission was to prescribe reason
able rates, rates that would be fair
and just and yield a fair and Just
return; and that they have no pow
er to prescribe rates that are not
reasonable and just; and that in
prescribing the rates they now pro-
pose to enforce, they have exceeded
their powers under the law
The jurisdiction of this court is
| invoked in both cases, on the ground
of diverse citizenship The com
plainant, Woodside, in the first
named case, is citizen of the state
of Pennsylvania, and a stockholder
| Of the Tonopah & Goldfield rail-
road, and the suit is brought by him
| against the railroad company, a cor
poration of the state of Nevada, and
the railroad commissioners of Ne
yada to prevent the enforcement of
these rates.
In the second case, the South
ern Pacific company is a corporation
organized under the laws of the
state of Kentucky And the atcion
is likewise against the railroad COM
missioners of Nevada
The defendants have answered rs
they are required to do under the
statute, and have fully met and de-
MED all of the equities of the COM
plainants The answers are specific
and under oath. In equity practice
this is usually deemed sufficient to
dissolve a restraining order and pre-
vent the issuance of an induction
pendente lite; that is to say, where
the equities of the bill are deniel
fully and explicitly by a sufficient
answer oath, the court usually de-
nies an injunction pendente lite for
the reason that such an answer is
deemed to overcome the equities Of
the bill
We may, however, refer to some
features of the controversy as shown
by the bill and answer and support
ing affidavits. The allegations of
: the bill of complaint are very gen
eral in their character. They
having, as | said before, exceeded
; their powers in unlawfully prescrib-
ing rates that are unreasonably and
: unjustly low and unremunerative
t and confiscatory, and, in the Wood
side case, it is charged that these
! rates will deprive the railroad COM
t pany of its property without due
: process of law in violation of the
constitution of the United States. In
the Southern Pacific case the charge
is that the rates prescribed will re-
n suit in discrimination against points
s outside of the state, and that the
: enforcement of these rates will in
t terfere with interstate commerce.
: 1t appears that there is a join
n rate for the carrying of forest prod
o ucts from Truckee, Loyalton am
e Fulda, in California to Tonopah an
o Goldfield, which is the same rat,
). now established by the railroad
n from Verdi to the same points
n namely, 65 cents per hundredweigh
: by the carload lots; and it i
Ii charged that if the rate fixed b.
e the railroad commission for tn
n state of Nevada is enforced, it will
If make an unlawful discriminatio
n with respect to the products trans
d ported from Truckee, Loyalton an
Fulda, in California, to Tonopah an
r Goldfield, in Nevada, as compare
l. with the rates from Verdi, in Ne
Is vada, to Tonopah and Goldfield, i
,r Nevada. That is the main featur
10 of the Southern Pacific case, that
r. interferes with interstate commerce
e. Ultimately this charge resolves itse
or into constitutional question
er whether the order of the railroa
to commissioners is an interference
n with the exclusive power of congrei
SS to regulate commerce among IL
Mt several states. The present rate fl
of transporting forest products fro
n points in California to points
on Nevada has been fixed by the raj
ey roads and not by the authority
its the interstate commerce commissio
$5 The order of the railroad commi
so sion does not, therefore, interfe