Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad Commissioners
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. Thk facts are stated in the opinion. The order o-' the hoard and the mandate of the state court were, in substance and effect, a regulation of commerce among the States, and beyond the jurisdiction. L. & N. R. R. Co. v. Eubanks, 184 U. S. 27; Hall v. DeCuir, 95 U. S. 480, 489. It is not the wording of the regulation, but the necessary effect thereof, which determines its invalidity.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. Thk facts are stated in the opinion. The order o-' the hoard and the mandate of the state court were, in substance and effect, a regulation of commerce among the States, and beyond the jurisdiction. L. & N. R. R. Co. v. Eubanks, 184 U. S. 27; Hall v. DeCuir, 95 U. S. 480, 489. It is not the wording of the regulation, but the necessary effect thereof, which determines its invalidity. Henderson v. Mayor, 92 U. S. 259; State Freight Tax Cases-, 15 Wall. 276.' The order of the board, on its face, is manifestly unreasonable, and/ in the light of…
1Opinion of the CourtJustice White
This is a writ of error to a judgment of the Supreme Court of Kansas ordering a peremptory mandamus commanding the Missouri Pacific Railway Company to obey an order of the state board of railroad commissioners. The order directed the putting in operation of a passenger train service between Madison, Kansas, and the Missouri-Kansas state line, on what is known as the Madison branch of the Missouri Pacific ■ Railway Company., The branch road in question lies between Madison, Kansas, and Monteith Junction, Missouri. From Madison to the state line is 89 miles and from the state line to Monteith…
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