Legal Opinion

Union Pacific Railroad v. Public Service Commission

Supreme Court of the United States

Decided December 9, 1918No. 65PublishedCited by 100 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The case.is stated in the opinion. This court has no jurisdiction because the alleged federal question did not control nor even affect the decision of the. state court.

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ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The case.is stated in the opinion. This court has no jurisdiction because the alleged federal question did not control nor even affect the decision of the. state court. This court has repeatedly ruled that where a state court has decided against the plaintiff in error on a matter of general law broad enough to sustain the judgment, this court will not consider the federal questions, even in cases where the state court actually considered and decided such questions adversely to plaintiff in error’s contention.

1Opinion of the CourtJustice Holmes

This case concerns the validity of a charge made by the Public Service Commission of Missouri for a certificate authorizing the issue of bonds secured by a mortgage • of the whole line of the Union Pacific road. The statutes of Missouri have general prohibitions against the issue of such bonds without the authority of the Commission, impose severe penalties for such issue and purport to invalidate the bonds if it takes place. Moreover the bonds would be. unmarketable if the certificate were refused.. Upon these considerations the plaintiff in error applied, in all the States through which its…

2Cases cited5 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. O'ConnorSupreme Court of the United States · 1912
  2. Looney, Attorney General of Texas v. Crane CoSupreme Court of the United States · 1916
  3. International Paper Co. v. Commonwealth of MassachusettsSupreme Court of the United States · 1918
  4. Creswill v. Grand Lodge Knights of Pythias of GeorgiaSupreme Court of the United States · 1912
  5. The Eliza LinesSupreme Court of the United States · 1895

3Cited by100 opinions

  1. Garrity v. New JerseySupreme Court of the United States · 1967
  2. Haley v. OhioSupreme Court of the United States · 1948
  3. Davis v. United StatesSupreme Court of the United States · 1946
  4. Sterling v. ConstantinSupreme Court of the United States · 1932
  5. Adam v. SaengerSupreme Court of the United States · 1938

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