Norfolk and Western Railway Company v. Conley, Attorney General of the State of West Virginia
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF KANAWHA COUNTY, STATE OF WEST VIRGINIA. The facts, which involve the constitutionality under the due process provision of the Fourteenth Amendment of a statute of West Virginia fixing the maximum fare for passengers' on railways at two cents a mile, are stated in the opinion. The earnings from intrastate passenger business must be separated from all other earnings to determine whether the act is confiscatory.
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ERROR TO THE CIRCUIT COURT OF KANAWHA COUNTY, STATE OF WEST VIRGINIA. The facts, which involve the constitutionality under the due process provision of the Fourteenth Amendment of a statute of West Virginia fixing the maximum fare for passengers' on railways at two cents a mile, are stated in the opinion. The earnings from intrastate passenger business must be separated from all other earnings to determine whether the act is confiscatory. Chapter 41, Act of 1907, regulating passenger rates upon railroads in the State of West. Virginia, and prescribing penalties for the violation ' thereof is…
1Opinion of the CourtJustice Hughes
In 1907, the legislature of West Virginia passed an act fixing the maximum fare for passengers on railroads, as described in the statute, at two cents a mile. Acts, 1907, Ch. 41, p. 226., After the rate had been tesfed by operating under it for two years, the plaintiff in error brought this suit to restrain its enforcement as being in violation of the constitution of the State, and also upon the ground that it was repugnant to the Fourteenth Amendment by reason of (1) its provision for penalties, (2) its classification of railroads, and (3) its alleged confiscatory requirements, through the…
2Cases cited9 opinions
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- Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of the United States · 1912
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