State v. Southern Pacific Co.
Oregon Supreme Court
Marion County: Reuben P. Boise, Judge. Suit in equity under the statute of 1891 (Laws 1891: 23), by the state of Oregon, on the relation of Geo~ W. Colvig, Robert Clow, and A. N. Hamilton, composing the board of railroad commissioners, and Prank J. Miller, clerk of said board, to compel the Southern Pacific Company to adopt a schedule of rates promulgated by said board for use on the railroad lines of the defendant in Oregon.
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Marion County: Reuben P. Boise, Judge. Suit in equity under the statute of 1891 (Laws 1891: 23), by the state of Oregon, on the relation of Geo~ W. Colvig, Robert Clow, and A. N. Hamilton, composing the board of railroad commissioners, and Prank J. Miller, clerk of said board, to compel the Southern Pacific Company to adopt a schedule of rates promulgated by said board for use on the railroad lines of the defendant in Oregon. The company had refused to adopt the rates, on the ground that they would not yield a fair and just return on the value of the railroad lines, their appurtenances and…
1Opinion of the Court
Per Curiam.(1) The first contention for the defendant is, that the court below erred in refusing to allow the petition of the defendant for removal of the suit to the federal court, and in maintaining jurisdiction of the ca^e for trial and determination. The main ground upon which the defendant basis its claim for removal is, that the decision of the controversy between the plaintiff and defendant necessarily involves questions arising under the constitution of the United States and amendments thereto, and laws of congress. • The particulars in which the defendant claims that such questions…
2Cases cited5 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Starin v. New YorkSupreme Court of the United States · 1885
- Wells v. Oregon Ry. & N. Co.District Court, D. Oregon · 1883
- Ex Parte KoehlerUnited States Circuit Court · 1885
3Cited by2 opinions
- Oregon R. & Navigation Co. v. CampbellU.S. Circuit Court for the District of Oregon · 1909
- Southern Pac. Co. v. CampbellU.S. Circuit Court for the District of Oregon · 1911