State ex rel. Missouri Pacific Railway Co. v. Clarke

This is an original application for a peremptory writ of mandamus directing the members of the state railway commission to pass on the merits of a petition by relator for an increase in existing railroad rates for the transportation of passengers. Respondents dismissed relator’s petition. They resist the writ of mandamus because they are of the opinion that they have no power to increase passenger rates beyond the limits fixed by the following legislative enactment: “It shall be unlawful for any railroad corporation operating, or which shall hereafter operate, a railroad in this state to…