Northern Pacific Railway Co. v. North Dakota Ex Rel. McCue
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. The facts, which involve the validity undér the due process, provision of the Fourteenth Amendment of a statute of. North Dakota fixing maximum intrastate rates for transportation of coal by railroad companies, are stated in the opinion. A non-compensatory rate is not necessarily confiscatory.
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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. The facts, which involve the validity undér the due process, provision of the Fourteenth Amendment of a statute of. North Dakota fixing maximum intrastate rates for transportation of coal by railroad companies, are stated in the opinion. A non-compensatory rate is not necessarily confiscatory. There may be such a special commodity rate fixed by the state authorities and if the entire intrastate business yields a fair profit upon the investment devoted thereto, the special rate by itself is not a taking of property. The rule is elastic.…
1Opinion of the CourtJustice Hughes
By Chapter 51 of the Laws of 1907, the legislature of North Dakota fixed maximum intrastate rates, graduated according to distance, for the transportation of coal in carload lots. It was further provided that in case the transportation was over two or more lines of railroad it should be considered as one haul, the compensation for* which should be divided among the carriers according to their agreement or, if they could not agree, as the railroad commissioners should decide subject to appeal to the courts. While the statutory rates governed all coal shipments, their practical application was…
2Cases cited39 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- Interstate Commerce Commission v. Union Pacific RailroadSupreme Court of the United States · 1912
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3Cited by197 opinions
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- Norris v. AlabamaSupreme Court of the United States · 1935
- Truax v. CorriganSupreme Court of the United States · 1921
- Sterling v. ConstantinSupreme Court of the United States · 1932
- Adam v. SaengerSupreme Court of the United States · 1938
192 more not listed; retrieve them via the Exa API.