Legal Opinion

State ex rel. Railroad & Warehouse Commission v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided April 20, 1888PublishedCited by 69 opinions

' Original proceeding by mandamus, to compel the respondent to •obey an order of the railroad and warehouse commission in regard to its milk rates between Faribault and Owatonna and St. Paul and Minneapolis. ' The information and the alternative writ, after setting out -the organization of the commission, the appointment and qualification of the commissioners and their secretary, and the authority given the commission by Laws 1887, c. 10, to compel common carriers to adopt…

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' Original proceeding by mandamus, to compel the respondent to •obey an order of the railroad and warehouse commission in regard to its milk rates between Faribault and Owatonna and St. Paul and Minneapolis. ' The information and the alternative writ, after setting out -the organization of the commission, the appointment and qualification of the commissioners and their secretary, and the authority given the commission by Laws 1887, c. 10, to compel common carriers to adopt such rates as the commission shall declare-equal and reasonable, and the provision in the act subjecting any common…

1Opinion of the Court

:j Mitchell, J.

The questions here presented are — First, the construction, and, second, the constitutionality, of chapter 10, (particularly subdivisions e, f, and g of section 8,) Laws 1887, entitled “An act to regulate common carriers, and creating the railroad and warehouse commission of the state of Minnesota, and defining the duties of such commission in relation to common carriers.” The provisions of the act are made applicable to all common carriers of persons or property by railroad, or partly by railroad and partly by water, when both are used under a common control or management. It…

2Cases cited12 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Wayman v. SouthardSupreme Court of the United States · 1825
  4. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  5. Georgia Railroad v. SmithSupreme Court of Georgia · 1883

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3Cited by69 opinions

  1. J. W. Hampton, Jr., & Co. v. United StatesSupreme Court of the United States · 1928
  2. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  3. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
  4. Blue v. BeachIndiana Supreme Court · 1900
  5. Lee v. DelmontSupreme Court of Minnesota · 1949

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