Allen v. St. Louis, Iron Mountain & Southern Ry. Co.
230 U.S. 553 (1913)

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U.S. Supreme Court

Allen v. St. Louis, Iron Mountain & Southern Ry. Co., 230 U.S. 553 (1913)

Allen v. St. Louis, Iron Mountain

& Southern Railway Company

No. 440, 441

Argued April 12, 15, 1912

Decided June 16, 1913

230 U.S. 553


Minnesota Rate Cases, ante, p. 230 U. S. 352, followed to effect that an intrastate rate fixed by a state railroad commission is not an unconstitutional interference with interstate commerce.

A carrier has the right to contest the validity of rates prescribed by a body clothed by the legislature with power to establish rates on the ground they are confiscatory, and this right is not impaired by putting the rates into effect if they prove to be confiscatory.

Minnesota Rate Cases, ante, p. 230 U. S. 352, also followed to effect that, where the proofs submitted by a carrier attacking rates as confiscatory are

Page 230 U. S. 554

not sufficient to justify a finding that the rates are confiscatory, the bill should be dismissed.

187 F. 290 reversed.

These two suits were brought to restrain the enforcement of the act of the legislature passed February 9, 1907, fixing the maximum fare for passengers at two cents a mile, and also the orders of the railroad commission made June 4, 1908, prescribing maximum freight and passenger rates. The facts involved in both cases are stated in the opinion.

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