Grand Rapids Indiana Railway Company v. Chase Osborn
Decision Date | 23 February 1904 |
Docket Number | No. 61,61 |
Parties | GRAND RAPIDS & INDIANA RAILWAY COMPANY, Plff. in Err. , v. CHASE S. OSBORN, Commissioner of Railroads of the State of Michigan |
Court | U.S. Supreme Court |
This is a writ of error to review a judgment of the supreme court of the state of Michigan, which affirmed an order of the circuit court of Kent county, Michigan, awarding a peremptory writ of mandamus. By the writ the plaintiff in error was, in effect, commanded to reduce its rates for the transportation of passengers over its lines of railroad from 3 cents per mile to 2 1/2 cents per mile, as required by an act of the legislature of Michigan known as act 202 of the session of 1889.
The Grand Rapids & Indiana Railroad Company was the original owner of the road in question. That company was incorporated under the laws of Michigan and Indiana in 1870, and its line of railroad was constructed and put into operation before January 1, 1873. It also owned and operated in Michigan a number of short branch lines and several leased lines; and its mileage in Michigan exceeded 300 miles. During the period between the incorporation of the company and the construction of its road, railroad companies which were operating in Michigan were authorized to regulate the tolls and compensation to be paid for the transportation in that state of persons and their baggage, but the charge which might be made for such transportation was limited to 3 cents per mile on roads over 25 miles in length. The Michigan statutes also contained provisions authorizing the execution of mortgage and the issue of bonds by railroad corporations. By act 198 of the session of 1873, the laws relating to railroads were revised, and such revision with amendments is still in force. Mich. Comp. Laws 1897, chap. 164, pp. 1937-2000. It was therein provided that corporations organized under a prior general railroad law 'shall be deemed and taken to be organizations under this act.' By subdivision 9 of § 9 of article 2 the maximum charge which railroad corporations might make for the transportation of passengers and their ordinary baggage on roads exceeding 25 miles in length was fixed at 3 cents per mile. Power was also conferred upon railroad companies to borrow money, issue bonds or other obligations therefor, and to mortgage their corporate property and franchises, and the income thereof, or any part thereof, as security. Section 2 of article 1 of the act was as follows:
There was also a general provision that the act might be altered, amended, or repealed, but that such alteration, amendment, or repeal 'shall not affect the rights or property of companies organized under it.'
In 1884 the Grand Rapids & Indiana Railroad Company executed a second mortgage upon its railroad property to secure an issue of $3,000,000 of bonds. While this mortgage was in force, and in the year 1889, subdivision 9th of § 9 of article 2 of the general railroad law of 1873—the section containing an enumeration of powers conferred upon railroad corporations—was amended to read as follows:
The mortgage of 1884 was foreclosed; and, in 1896, under decrees of circuit courts of the United States, the property covered by such mortgage was sold to John C. Sims, subject...
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