Chicago, Milwaukee & St. Paul Railway Co. v. Railroad Commission

The ground upon which the order of the Railroad Commission in the instant case was held invalid is stated to be that the Railroad Commission, upon the petition to have the railroad company authorized to refund the $140 excess demurrage, unlawfully assumed a judicial function of determining contested questions of fact. This result, it is contended, is required by the holding of this court in Waukesha G. & E. Co. v. Waukesha M. Co. 175 Wis. 420, 184 N. W. 702. That case, however, passed upon a contest over a counterclaim which was based upon assertion of a breach of contract entered into…