Fitts v. McGhee
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA. An act of the General Assembly of Alabama, approved February 9, 1895, prescribed certain maximum rates of toll to be charged on the bridge across the Tennessee River between the counties of Colbert and Lauderdale in that State, and known as the Florence bridge.
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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA. An act of the General Assembly of Alabama, approved February 9, 1895, prescribed certain maximum rates of toll to be charged on the bridge across the Tennessee River between the counties of Colbert and Lauderdale in that State, and known as the Florence bridge. It also declared that should the owners, lessees or operators of the bridge, by themselves or agents, demand or receive from any person a higher rate of toll than was prescribed, he or they should forfeit to such person twenty dollars for each…
1Opinion of the CourtJustice Harlan
The principal question before us is whether this suit is one of tvhich a Circuit Court of the United States may take cognizance consistently with the Constitution of the United States.
From the history given of the proceedings below it appears that the Circuit Court adjudged —
That the legislative enactment of February 9, 1895, was unconstitutional and void in that it did not permit the owners of the Florence bridge, and the plaintiffs as their representatives, to charge rates of toll that were fairly and reasonably compensatory; and,
That the defendants Fitts and Carmichael, holding…
2Cases cited23 opinions
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