Chicago, Indianapolis & Louisville Railway Co. v. Railroad Commission
Indiana Court of Appeals
Erom Eailroad Commission of Indiana; Union B. Hunt, Chairman, William J. Wood and O. V. McAdams, commissioners. Appeal by the Chicago, Indianapolis & Louisville Bail-way Company from the action of the Eailroad Commission of Indiana in fixing a rate and prescribing the way-billing of cars. On motion to dismiss appeal.
1Dissent
Dissenting Opinion.
Black, J.
The railroad commission is an administrative board, and not a court. Whatever may be said properly as to the theoretical nature of the elementary functions or powers of government involved in the making of an order by that board to correct, alter, change or establish a rate, charge, classification, rule or regulation upon complaint setting forth the unreasonable character of a rate, charge, classification, rule or regulation of a railroad company or an express company, the commission in the performance of such duty does not act in a judicial capacity, though the…
2Cases cited5 opinions
- Weimer v. BunburyMichigan Supreme Court · 1874
- Auditor of State v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1870
- Hubbell v. McCourtWisconsin Supreme Court · 1878
- Dodds v. DuncanTennessee Supreme Court · 1884
- Hestres v. BrennanCalifornia Supreme Court · 1875