St. Louis Southwestern Railway Co. v. Arkansas
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF ARKANSAS. The facts, which involve the constitutionality under the commerce clause of the Constitution of the United States of a regulation of the Railroad Commission of Arkansas as to delivery of freight cars, are stated in the opinion.
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ERROR TO THE SUPREME COURT OP THE STATE OF ARKANSAS. The facts, which involve the constitutionality under the commerce clause of the Constitution of the United States of a regulation of the Railroad Commission of Arkansas as to delivery of freight cars, are stated in the opinion. Order No. 305 of the Railroad Commission of Arkansas, or §§ 6803 and 6804 of Kirby’s Digest, as construed by the Supreme Court of Arkansas, being the necessary basis for this suit, and being, by their terms and as so construed, a burden on interstate commerce, there is a Federal question involved, and this court has…
1Opinion of the CourtJustice White
delivered the opinion of the court. .
Prior to October, 1905, the Railroad Commission of Arkansas promulgated a rule by which, within five days after written application by a shipper, it was made the duty of a railway company, under the conditions prescribed in the rule, to deliver freight'cars to such shipper for the purpose"-of enabling him to' load freight. The rule "in question, known as Order Nó. 305, is in the margin. 1
Complaint was made by Philip iteinseh before the commission, charging the St. Louis Southwestern Railway Company with having violated this rule, in that it was fifty-one…
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