Minneapolis St Louis Railroad Company v. State of Minnesota Railroad Warehouse Commission
Decision Date | 23 February 1904 |
Docket Number | No. 138,138 |
Parties | MINNEAPOLIS & ST. LOUIS RAILROAD COMPANY, Plff. in Err. , v. STATE OF MINNESOTA ex rel. RAILROAD & WAREHOUSE COMMISSION |
Court | U.S. Supreme Court |
Mr. Albert E. Clarke for plaintiff in error.
Messrs. Howard H. Dunn, W. B. Douglas, and Lafayette French for defendant in error.
[Argument of Counsel from pages 53-59 intentionally omitted] Mr. Justice McKenna delivered the opinion of the court:
This is a proceeding in mandamus to compel plaintiff in error to build and maintain a station house on the line of its road at the village of Emmons, in compliance with an order of the Railroad & Warehouse Commission of the state of Minnesota.
The order of the commission was made upon petition and upon hearing after due notice to plaintiff in error. The writ was granted by the district court of Freeborn county, where the proceedings were commenced.
The railroad company in its answer attacks the statute under which the commission acted as follows:
'This respondent says further, that chapter 270, General Laws 1901, approved April 13, 1901, which was enacted by the legislature of said state at its thirty-second session, which arbitrarily requires railroad carriers to provide freight and passenger rooms and depots at all villages and boroughs upon their respective roads, without regard to the necessity therefor and without regard to the location or situation of such village or boroughs, or to existing conditions, is unjust, unreasonable, contrary to public policy, and void.
'It denies to the respondent the right to reasonably manage or control its own business; it takes its property without its consent.
'It takes the property of this respondent arbitrarily and unnecessarily for public use, without just compensation, and is, therefore, violative of the 5th Amendment to the Constitution of the United States.
'It deprives the respondent of its property without due process of law, and denies it the equal protection of the laws, and thus violates the 14th Amendment to the Constitution of the United States.'
The supreme court of the state affirmed the judgment of the district court, the members of the court equally dividing on the facts.
This is the second attempt of the village of Emmons to secure a depot. The first was unsuccessful (76 Minn. 469, 79 N. W. 510, 'wherein the facts are stated'), the supreme court observed; and it further observed, passing on the case at bar:
'With this difference of opinion the judgment appealed from must be, and hereby is, affirmed.' [87 Minn. 195, 91 N. W. 465.]
The defendant in error contends by those observations the court only decided, following its former decision (76 Minn. 469, 79 N. W. 510), that under chapter 6, § 388, General Statutes of 1894, the commission had the power to order the erection and maintenance of depots where public necessity or convenience reasonably required it to be done, and that the only change made by the act of 1901 was to shift the burden of proof from the municipality to the railroad company, and therefore the court, in deciding that the railroad company had not overcome the prima facie case arising from the statute, did not decide a Federal question.
It is difficult to deal with the motion on account of the uncertainty of the contentions of plaintiff in error. In its answer in the district court it directly attacks the statute. In this court its contentions are not so sweeping and we are left in doubt by its opening and reply briefs whether the statute as construed by the supreme court is objected to or only its application under the facts of the case. However, as the statute was directly attacked in the answer the motion to dismiss is denied, and we will consider whether the grounds of objection to the statute are substantial and sufficient.
(1) The act of 1897...
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