Western Ry. of Alabama v. Railroad Commission of Alabama
District Court, M.D. Alabama
In Equity. Suits by Western Railway of Alabama against the Railroad Commission of Alabama and others, and by Central of Georgia Railway Company against the same. On exceptions to report of special master and final hearing.
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In Equity. Suits by Western Railway of Alabama against the Railroad Commission of Alabama and others, and by Central of Georgia Railway Company against the same. On exceptions to report of special master and final hearing. On the 25th of March, 1907, complainants and ten other railroad companies, seven of which shortly afterwards abandoned their contests because of a trade whereby the executive department of the state agreed to give them better rates, afterwards carried into effect by legislative and administrative acts, filed their bills in the circuit court to enjoin, among other things,…
1Opinion of the CourtJones, District Judge
(after stating the facts as above). Contrary to its earlier view, it is now the settled doctrine of the Supreme Court of the United States that a rate statute is obnoxious to the fourteenth amendment if its operation prevents the earning of just remuneration on the value of the property devoted to the service, although it yields some profit. To use the language of the Supreme Court in different cases where the issue arose, a legislative act to avoid conflict with the fourteenth amendment must not prevent the earning of compensation which is “adequate,” “full,” “just,” and “reasonable” ; or,…
2Cases cited19 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Smyth v. AmesSupreme Court of the United States · 1898
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
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3Cited by3 opinions
- In Re Proposed Increased Intrastate Industrial Sand RatesSupreme Court of New Jersey · 1974
- Okmulgee Gas Co. v. Corporation CommissionSupreme Court of Oklahoma · 1923
- Adams v. Central of Georgia Railway Co.Supreme Court of Alabama · 1914