1121

RAILROAD CO. v. MINNESOTA. 186 U. S. 257-269

Approved in American Surety Co. v. Shallenberger, 183 Fed. 639, hold-
ing void statute fixing rates for surety companies; Ex parte Goodrich,
160 Cal. 420, Ann. Cas. 1913A, 56, 117 Pac. 456, holding fact that public
service electric corporation by private agreement had been furnishing
electric-light bulbs free of charge did not justify city in making it com-
pulsory to do so; dissenting opinion in Edson v. Southern Pacific R. R.
Co., 144 Cal. 196, 77 Pac. 900, majority holding lowering of rates by rail-
road corporation to meet lower rates of rival company, not for purpose
of competition within prohibition of Constitution.

Distinguished in Colorado Tel. Co. v. Fields, 15 N. M. 436, 30 L. R. A.
(N. S.) 1088, 110 Pac. 572, holding where contract with city limited maxi-
mum annual charge for residence telephone, such charge must include
installation and appliances.

Validity of statute or ordinance regulating rates of telephone com-
pany. Note, Ann. Cas. 1912D, 308.

Right of telephone company to require pay for installing or trans-
ferring. Note, 30 L. R. A. (N. S.) 1089.

186 U. S. 257-269, 46 L. Ed. 1151, 22 Sup. Ct. 900, MINNEAPOLIS & ST.
LOUIS R. R. CO. v. MINNESOTA EX REL. RAILROAD & WARE-
HOUSE COMMISSION.

Minnesota statute of 1905, creating railroad commission, is not uncon-
stitutional in assuming to establish joint through rates over independent
connecting lines and apportioning joint earnings.

Approved in Chicago etc. Ry. Co. v. Iowa, 233 U. S. 345, 58 L. Ed. 993,
34 Sup. Ct. 592, upholding order requiring interstate shipments after
receipt to be forwarded to intrastate points in same equipment; Grand
Trunk Ry. Co. v. Michigan R. R. Commission, 231 U. S. 468, 58 L. Ed. 317,
34 Sup. Ct. 152, upholding order requiring roads doing interstate business
to use tracks in city for interchange of intrastate traffic; Simpson v.
Shepard, 230 U. S. 429, Ann. Cas. 1916A, 18, 48 L. R. A. (N. S.) 1151, 57
L. Ed. 1544, 33 Sup. Ct. 729, holding rates fixed by Minnesota railroad
commission were valid in part and confiscatory in part; Central Stock
Yards Co. v. Louisville etc. Ry. Co., 192 U. S. 571, 48 L. Ed. 570, 24 Sup.
Ct. 341, holding railway maintaining livestock depot cannot be compelled
to receive stock billed to depot on another line, similarly situated; Hock-
ing Valley R. Co. v. New York Coal Co., 217 Fed. 732, 132 C. C. A. 387,
holding action against railroad for failure to give equal switch track
facilities was statutory and governed by limitations relating to liability
created by statute; Grand Trunk Ry. Co. v. Michigan Railroad Com-
mission, 198 Fed. 1016, upholding statute providing for delivery of cars
on team sidings where received from connecting lines in city; Railroad
Commission v. Alabama Great Southern R. Co., 185 Ala. 364, L. R. A.
1915D, 98, 64 South. 17, upholding statute giving commission power to
require railroads to provide union depots; Railroad Commission v. North-
XVIII-71

ern Alabama Ry. Co., 182 Ala. 367, 62 South. 752, upholding order requiring railroads to use depot of another under agreement; Railroad Commission v. Louisville etc. R. Co., 140 Ga. 824, Ann. Cas. 1915A, 1018, L. R. A. 1915E, 902, 80 S. E. 330, upholding order requiring mileagebooks to be pulled on trains of company selling them when presented by holders for transportation wholly within State, except where passengers board trains in cities of certain population; Stephens v. Central of Georgia Ry. Co., 138 Ga. 630, Ann. Cas. 1913E, 609, 42 L. R. A. (N. S.) 541, 75 S. E. 1044, upholding statute requiring railroads to sell tickets over connecting lines; State ex rel. Taylor v. Missouri Pac. Ry. Co., 76 Kan. 480, 92 Pac. 610, upholding statutes creating railroad commission; Louisville etc. R. Co. v. Central Stockyards Co., 133 Ky. 179, 97 S. W. 789, upholding statute requiring railroads to deliver to connecting carriers, carloads of livestock; Chicago etc. Ry. Co. v. Public Utilities Commission, 267 Ill. 560, 108 N. E. 742, upholding order requiring carriers to continue in effect rates established for joint switching; Trustees of Saratoga Springs v. Saratoga Gas etc. Co., 191 N. Y. 133, 14 Ann. Cas. 606, 18 L. R. A. (N. S.) 713, 83 N. E. 695, upholding statute giving commission power to regulate rates for gas and electricity; Norfolk etc. R. R. Co. v. Commonwealth, 103 Va. 295, 49 S. E. 41, upholding State corporation commission regulation of charges for placing cars on scales; State ex rel. Northern Ry. Co. v. Public Service Commission, 76 Wash. 632, 137 Pac. 135, upholding order directing establishment of joint rates; United Fuel Gas Co. v. Public Service Commission, 73 W. Va. 585, 80 S. E. 937, upholding statute giving public service commission power to regulate gas rates.

Validity of statute requiring carrier to sell ticket for connecting line.
Note, Ann. Cas. 1913E, 613.

On power of State or public service commission to compel public
service corporations to make connections with each other. Note,
Ann. Cas. 1915C, 850.

Regulation by State or railroad commission of switching charge.
Note, Ann. Cas. 1914B, 366, 367.

State regulation of railroads as interference with interstate com-
merce. Note, 7 Ann. Cas. 13.

Validity of statute conferring on commission power to fix rates for
public service corporations. Note, 14 Ann. Cas. 614.
Business affected with public interest subjecting it to regulation and
control as to rates or prices. Note, 6 L. R. A. (N. S.) 835.
Requiring connection or joint use of properties of public service cor-
poration as a taking. Note, 50 L. R. A. (N. S.) 653.

Rates fixed by statute are presumed reasonable, and burden is on carrier to show the contrary.

Approved in Baltimore etc. R. Co. v. Railroad Commission, 196 Fed. 697, upholding order regulating headlights; Southern Ry. Co. v. Atlanta

1123

RAILROAD CO. v. MINNESOTA. 186 U. S. 257–269

Stove Works, 128 Ga. 222, 223, 57 S. E. 435, 436, upholding rate on commodity between two points; Commonwealth v. Boston etc. Ry. Co., 212 Mass. 86, 98 N. E. 1077, upholding statute providing for half fares on street railways for school pupils; State ex rel. McCue v. Northern Pac. Ry. Co., 26 N. D. 486, 487, 489, 491, 498, 145 N. W. 153, 154, 155, 156, 159, upholding order fixing rates.

Rates for coal in carload lots is not proved unreasonable by showing that if such rate were applied to all freight road would not pay operating expenses, since rates on other commodities might earn sufficient profits.

Approved in Willcox v. Consolidated Gas Co., 212 U. S. 54, 15 Ann. Cas. 1034, 53 L. Ed. 400, 29 Sup. Ct. 192, holding lower rate fixed for use of city than for private consumers did not render total return insufficient; Interstate Consol. Street Ry. Co. v. Massachusetts, 207 U. S. 86, 12 Ann. Cas. 555, 52 L. Ed. 115, 28 Sup. Ct. 26, holding street railway accepting charter with statutory condition that school children be carried at reduced fare cannot complain that statute is void; Atlantic Coast Line R. R. Co. v. North Carolina Corp. Commission, 206 U. S. 25, 11 Ann. Cas. 398, 51 L. Ed. 944, 27 Sup. Ct. 583, upholding order requiring particular train to be operated, though itself unprofitable; Louisville etc. R. Co. v. Railroad Commission, 208 Fed. 41, 42, holding order fixing passenger fares at two and one-half cents per mile was confiscatory; Lehigh Valley R. Co. v. United States, 204 Fed. 991, 992, upholding order fixing coal rates to single terminal affecting one-eleventh of traffic, and which were in themselves profitable; Atchison etc. Ry. Co. v. United States, 203 Fed. 59, upholding order fixing transcontinental rate on lemons, alleged to be confiscatory on ground that it did not yield profit; Chicago etc. R. Co. v. Oglesby, 198 Fed. 157, upholding order requiring operation of passenger train between certain points; Louisville etc. R. Co. v. Railroad Commission, 196 Fed. 814, 817, upholding statute classifying railroads for rate fixing purposes; Texas & P. Ry. Co. v. Railroad Commission, 192 Fed. 285, 112 C. C. A. 538, upholding order fixing rate on single commodity; In re Arkansas Rate Cases, 187 Fed. 307, holding compliance for five years with order fixing rates did not estop railroad from seeking to enjoin it on proof that increase of expense had destroyed profit; Louisville etc. R. Co. v. Siler, 186 Fed. 190, holding bill to enjoin rates as confiscatory did not state cause of action; Love v. Atchison etc. Ry. Co., 185 Fed. 327, 107 C. C. A. 403, holding bill sufficiently alleged rates were confiscatory; Shepard v. Northern Pac. Ry. Co., 184 Fed. 772, 815, orders held void as fixing confiscatory rates; Southern Pac. Co. v. Bartine, 170 Fed. 752, refusing to enjoin enforcement of Nevada statute creating railroad commission and fixing maximum rates, whereby it was alleged such rates were confiscatory; In re Arkansas Railroad Rates, 168 Fed. 730, enjoining passenger and freight rates as excessive; Spring Valley Water Co. v. San Francisco, 165 Fed. 678, 682, enjoining ordinance fixing water rates on condition that excess collected be impounded pending final determination of validity of rate: In re Arkansas R. Rates, 163 Fed.

142, granting preliminary injunction against enforcement of intrastate rates; Platt v. Lecocq, 158 Fed. 730, 732, 15 L. R. A. (N. S.) 558, 85 C. C. A. 621, holding void order requiring express company to receive and hold over night specie and currency tendered for shipment; District of Columbia v. Capital Traction Co., 41 App. D. C. 121, upholding statute requiring issuance of transfers between street railway companies; Louisiana etc. Ry. Co. v. State, 85 Ark. 18, 106 S. W. 961, upholding statute requiring railroad to construct station at certain point; State ex rel. Railroad Commrs. v. Florida East Coast Ry. Co., 65 Fla. 427, 428, 62 South. 593, upholding order fixing joint rates; State v. Seaboard etc. Ry. Co., 48 Fla. 145, 37 South. 320, no part of earnings or losses from interstate and foreign business can be considered in determining reasonableness of domestic rates; Southern Indiana Ry. Co. v. Railroad Commission, 172 Ind. 121, 87 N. E. 969, upholding order reducing freight rates between two points; Union Pac. R. Co. v. Public Utilities Commission, 95 Kan. 619, 148 Pac. 672, upholding order fixing coal rates between certain points; Ratcliff v. Wichita Union Stockyards Co., 74 Kan. 15, 118 Am. St. Rep. 298, 10 Ann. Cas. 1015, 6 L. R. A. (N. S.) 834, 86 Pac. 155, upholding statute regulating charges of stockyards carried on at railroad center; State ex rel. Simpson v. Chicago etc. Ry. Co., 118 Minn. 385, Ann. Cas. 1913E, 494, 41 L. R. A. (N. S.) 524, 137 N. W. 4, upholding one cent militia fare law; State v. Chicago etc. R. Co., 239 Mo. 293, 143 S. W. 814, upholding of statute requiring railroads to run at least one train each way daily; Public Service Gas Co. v. Board of Public Utility Commrs., 84 N. J. L. 472, 87 Atl. 655, holding gas rate fixed by commission for certain district was not unreasonable; Webb v. Western Union Tel. Co., 167 N. C. 492, 83 S. E. 573, holding punitive damages recoverable for nondelivery of telegram though compensatory damage be trifling; Corporation Commission v. Atlantic Coast Line Ry. Co., 137 N. C. 16, 49 S. E. 197, 199, requirement that railroad make connection to accommodate public, not unreasonable because unprofitable, if total earnings in State show profit; State ex rel. McCue v. Northern Pac. Ry. Co., 19 N. D. 51, 55, 25 L. R. A. (N. S.) 1001, 120 N. W. 872, 874, upholding statute fixing car rates on coal; Commonwealth v. Atlantic Coast Line R. Co., 106 Va. 71, 117 Am. St. Rep. 983, 9 Ann. Cas. 1124, 7 L. R. A. (N. S.) 1086, 55 S. E. 575, holding void statute requiring railroads to sell family mileage-books at two cents per mile; Puget Sound Electric Ry. v. Railroad Commission, 65 Wash. 85, Ann. Cas. 1913B, 763, 117 Pac. 744, upholding order fixing rates; dissenting opinion in McCully v. Chicago etc. Ry. Co., 212 Mo. 20, 32, 45, 51, 54, 110 S. W. 716, 720, 724, 726, 727, majority holding void, statute requiring railroad to furnish free return transportation to shippers of stock by carload; dissenting opinion in Pennsylvania R. Co. v. Philadelphia County, 220 Pa. 128, 15 L. R. A. (N. S.) 108, 68 Atl. 684, majority holding statute fixing passenger rates void as unreasonable; State v. Illinois Cent. R. Co., 246 Ill. 260, 92 N. E.

1125

NOTES ON U. S. REPORTS.

186 U. S. 269-279

844, and Gulf etc. Ry. Co. v. Railroad Commission, 102 Tex. 351, 113 S. W. 747, both arguendo.

Distinguished in Northern Pacific Ry. Co. v. North Dakota, 236 U. S. 601, Ann. Cas. 1916A, 1, 59 L. Ed. 744, 35 Sup. Ct. 429, holding maximum intrastate rates on coal in car lots fixed by North Dakota statute, after taking into account entire traffic to which rates apply, were unreasonable; Delaware etc. R. Co. v. Van Santwood, 216 Fed. 254, holding order requiring certain trains to be operated was void where loss to road was three thousand dollars a year, and publie convenience slight.

Reasonableness of rates charged by carrier as affected by carrier's right to receive fair return on investment. Note, Ann. Cas. 1913B, 775, 776.

Matters to be considered on issue of reasonableness of rates charged for carriage of goods. Note, Ann. Cas. 1916A, 8, 9, 10, 11, 13, 14, 15, 17.

Elements entering into determination of reasonableness of State railroad rates. Note, 15 L. R. A. (N. S.) 108, 113, 114.

Returns to which public service corporations entitled. Note, L. R. A. 1915A, 55, 60.

Miscellaneous. Cited in Smith v. Stephens, 173 Ind. 573, 30 L. R. A. (N. S.) 704, 91 N. E. 170, upholding and construing statutes relating to taxation; State v. Creamery Package Mfg. Co., 110 Minn. 432, 136 Am. St. Rep. 514, 126 N. W. 128, to point that foreign corporation accepts license subject to power of State to enact police laws; dissenting opinion in Chicago etc. Ry. Co. v. Railroad Commission, 38 Ind. App. 475, 79 N. E. 522, majority holding appellate court had power, under statutes, to review order of commission fixing rates.

186 U. S. 269-273, 46 L. Ed. 1158, 22 Sup. Ct. 916, NEW YORK CENT. & H. R. R. CO. v. CITY OF NEW YORK.

Time and manner of raising and deciding questions in State court to obtain review in Federal Supreme Court. Note, 63 L. R. A. 39, 43.

186 U. S. 273-279, 46 L. Ed. 1160, 22 Sup. Ct. 927, HOFFELD v. UNITED STATES.

One who purchases interest of entryman on execution sale against him is not an "assign" entitled to benefit of statute providing for refund of purchase money where entries canceled.

Approved in Causey v. United States, 240 U. S. 403, 60 L. Ed. 713, 36 Sup. Ct. 367, holding United States not required to return purchase price in suit to recover land fraudulently acquired; United States v. Colorado Anthracite Co., 225 U. S. 223, 56 L. Ed. 1065, 32 Sup. Ct. 617, holding one for whom entryman initiates and obtains allowance of entry, and to whom he gives quitclaim deed, is assign, and entitled to benefit of act;