Northern Pacific Railway Co. v. North Dakota Ex Rel. Langer
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA, The case is stated in the opinion. maintained that the war power, limited only by the needs of the Government and independent of state lines, supported the action taken; that the act in letter and spirit shows a purpose to bring about a unified federal control, utterly inconsistent with the retention of state power over intrastate rates; and that the proviso saving “lawful police regulations” (§ 15) must be read…
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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA, The case is stated in the opinion. maintained that the war power, limited only by the needs of the Government and independent of state lines, supported the action taken; that the act in letter and spirit shows a purpose to bring about a unified federal control, utterly inconsistent with the retention of state power over intrastate rates; and that the proviso saving “lawful police regulations” (§ 15) must be read accordingly, and subject to the particular provisions of § 10 expressly allowing the President to initiate rates, etc. The…
1Opinion of the CourtChief Justice White
In taking over the railroads from private ownership to its control and operation, was the resulting power of the United States to fix the rates to be charged for the transportation services to be by it rendered subordinated to the asserted authority of the several States to regulate the rates for all local or intrastate business, is the issue raised on this record. It arises from the allowance by the court below of a peremptory wit of mandamus commanding the Director General of the Railroads, appointed by the President, and the officers of the Northern Pacific Railway ■ Company to desist from…
2Cases cited11 opinions
- Ex Parte MilliganSupreme Court of the United States · 1867
- Knox v. LeeSupreme Court of the United States · 1871
- Selective Draft Law CasesSupreme Court of the United States · 1918
- Minnesota v. HitchcockSupreme Court of the United States · 1902
- Belknap v. SchildSupreme Court of the United States · 1896
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3Cited by173 opinions
- Lichter v. United StatesSupreme Court of the United States · 1948
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- E. I. Dupont De Nemours & Co. v. DavisSupreme Court of the United States · 1924
- Sloan Shipyards Corp. v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1922
- Marion & Rye Valley Railway Co. v. United StatesSupreme Court of the United States · 1926
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