Northern Pacific Railway Co. v. North Dakota Ex Rel. McCue

This is a proceeding by the Attorney General of North Dakota, charging the plaintiff in error with continuous violation of a -law fixing rates for the carriage of coal within the State, and asking for an injunction. See Nor. Dak. Laws of 1907, c. 51. The railroad answered that the act was void under Art. I, § 8, of the Constitution, the commerce clause; and also under the Fourteenth Amendment, because the maximum rates fixed by it were inadequate and confiscatory. Evidence was taken and reported to the Supreme Court, and that court decided that the injunction should issue as prayed. 17 Nor.…