Legal Opinion

Chicago, Milwaukee & St. Paul Railway Co. v. Tompkins

Supreme Court of the United States

Decided January 22, 1900No. 131PublishedCited by 122 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA. On February 3, 1897, the legislature of South 'Dakota passed an act relating to common carriers. Laws of. 1897, c. 110. .The act provided for the appointment of a board of railroad commissioners, and by section 20 this board was authorized to make a schedule of reasonable maximum fares and charges for the transportation of passengers, freight and cars on the railroads within the State.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA. On February 3, 1897, the legislature of South 'Dakota passed an act relating to common carriers. Laws of. 1897, c. 110. .The act provided for the appointment of a board of railroad commissioners, and by section 20 this board was authorized to make a schedule of reasonable maximum fares and charges for the transportation of passengers, freight and cars on the railroads within the State. There was a proviso 'in the seótion that the maximum charge for the carriage of passengers on roads of standard gauge should…

1Opinion of the CourtJustice Brewer

New cases are more difficult or perplexing than those which involve an inquiry whether the rates prescribed by a state legislature for'the carriage of passengers and freight are unreasonable. ■ And yet this difficulty affords no excuse for a failure to examine and solve the questions involved. It has often been said that this is a government of laws and not of men; and by this court, in Yick Wo v. Hopkins, 118 U. S. 356, 369: “ When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their…

2Cases cited9 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
  3. Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892
  4. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  5. Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890

4 more not listed; retrieve them via the Exa API.

3Cited by122 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
  3. Ex Parte PetersonSupreme Court of the United States · 1920
  4. Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
  5. Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939

117 more not listed; retrieve them via the Exa API.

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