Legal Opinion

Oregon R. & Navigation Co. v. Campbell

U.S. Circuit Court for the District of Oregon

Decided September 28, 1909No. 3,308PublishedCited by 16 opinions

In Equity. Suit by the Oregon Railroad & Navigation Company against Thomas K. Campbell, Clyde B. Aitchison, Oswald West, and A. M. Crawford. On demurrer to bill and motion for preliminary injunction. This is a suit to restrain the Oregon State Board of Railroad Commissioners from putting into operation and effect a schedule of rates for carrying freight upon and along the complainant’s lines of railroad in Oregon.

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In Equity. Suit by the Oregon Railroad & Navigation Company against Thomas K. Campbell, Clyde B. Aitchison, Oswald West, and A. M. Crawford. On demurrer to bill and motion for preliminary injunction. This is a suit to restrain the Oregon State Board of Railroad Commissioners from putting into operation and effect a schedule of rates for carrying freight upon and along the complainant’s lines of railroad in Oregon. The Attorney General of the state is joined as a party defendant The complainant is the owner of, and has now in operation, a system of railroad lines in Oregon, Washington, and…

1Opinion of the Court

■WOLVERTON, District Judge

(after stating the facts as above). This case has been submitted both upon the demurrer to the bill and upon application for a preliminary injunction. Logically the demurrer should be first considered. The allegations of the bill to the effect that the railroad commission act of Oregon and the order of the commission, made in pursuance thereof, fixing the rates complained of, are an invasion of the exclusive right of Congress to regulate interstate commerce, that the rates so fixed and established are unreasonable and unjust, and that complainant is practically…

2Cases cited30 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Smyth v. AmesSupreme Court of the United States · 1898
  4. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  5. Wayman v. SouthardSupreme Court of the United States · 1825

25 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In re Willow CreekOregon Supreme Court · 1914
  2. Toledo, P. & W. R. R. v. Brotherhood of Railroad TrainmenCourt of Appeals for the Seventh Circuit · 1942
  3. Michigan Central Railroad v. Michigan Railroad CommissionMichigan Supreme Court · 1910
  4. People v. BrazeeMichigan Supreme Court · 1914
  5. State v. Corvallis & Eastern R.Oregon Supreme Court · 1911

11 more not listed; retrieve them via the Exa API.

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