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C.B. & Q. RAILWAY v. DRAINAGE COMM'RS.

No. 157.

200 U.S. 561 (1906)

26 S.Ct. 341

50 L.Ed. 596

CHICAGO, BURLINGTON AND QUINCY RAILWAY COMPANY v. PEOPLE OF THE STATE OF ILLINOIS ex rel. DRAINAGE COMMISSIONERS.

Supreme Court of United States.

Decided March 5, 1906.

Attorney(s) appearing for the Case

Mr. Albert J. Hopkins, with whom Mr. Robert Bruce Scott and Mr. Chester M. Davis were on the brief, for plaintiff in error.

Mr. John K. Newhall and Mr. John M. Raymond for defendants in error.

MR. JUSTICE HARLAN, after making the foregoing statement, delivered the opinion of the court.

1. The first question is one of the authority of this court to review the judgment below. As we have seen, the railway company insisted in the court of original jurisdiction that the statute under which the Drainage Commissioners proceeded could not be applied in this case without taking...

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