Wabash, Chester & Western Railroad v. Commerce Commission ex rel. Jefferson Southwestern Railroad

It is with regret that I find myself at variance with the majority of the court on this important question, but I consider the points involved to be so vital that I feel constrained to set out my views at some length.

The first proposition decided by the. court is one that will affect every case arising under the Public Utilities act. It is said that the right to review the finding of the Commerce Commission is limited to the questions whether the commission acted within the scope of its authority, whether its finding is without foundation in the evidence, and whether a constitutional right…