Stone v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. . Hon. E. G. Peyton, Chancellor. An act of the legislature of the State of Mississippi, approved February 17, 1882, entitled, “ An act incorporating the Yazoo and Mississippi Valley Railroad Company and declaring its powers,” contained the following among other sections : “ Sec. 6. Be it further enacted, That said company shall have and possess tbe power of fixing, from time to time, by its board of directors, tbe rates at…
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Appeal from the Chancery Court of Madison County. . Hon. E. G. Peyton, Chancellor. An act of the legislature of the State of Mississippi, approved February 17, 1882, entitled, “ An act incorporating the Yazoo and Mississippi Valley Railroad Company and declaring its powers,” contained the following among other sections : “ Sec. 6. Be it further enacted, That said company shall have and possess tbe power of fixing, from time to time, by its board of directors, tbe rates at which it will do express and telegraph business, and shall transport other express companies as may apply for…
1Opinion of the CourtCampbell, C. J.
It is claimed that the act creating the railroad commission is a violation of Art. 1, § 8, of the Constitution of the United States, which vests in Congress power “ to regulate commerce * * * among the several States,” because the railroad of the appellee connects at Jackson, Mississippi, with the railroad system of the country and at Yazoo City with the waterways, and its inter-State and local commerce and interests are inseparable without ruin. The question thus presented is, How far is the State disabled by the constitutional provision quoted from governing railroads within its limits as…
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