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NOR. PAC. RY. CO. v. NORTH DAKOTA

Nos. 420, 421.

236 U.S. 585 (1915)

35 S.Ct. 429

59 L.Ed. 735

NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF NORTH DAKOTA ON RELATION OF McCUE, ATTORNEY GENERAL. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILWAY COMPANY v. SAME.

Supreme Court of United States.

Decided March 8, 1915.

Attorney(s) appearing for the Case

Mr. Charles W. Bunn, with whom Mr. Charles Donnelly was on the brief, for plaintiff in error in No. 420.

Mr. John I. Dille, with whom Mr. A.H. Bright and Mr. John L. Erdall were on the brief, for plaintiff in error in No. 421.

Mr. Andrew Miller, Attorney General of the State of North Dakota, and Mr. C.L. Young, with whom Mr. John Carmody and Mr. Alfred Tager were on the brief, for defendants in error.

MR. JUSTICE HUGHES delivered the opinion of the court.

By Chapter 51 of the Laws of 1907, the legislature of North Dakota fixed maximum intrastate rates, graduated according to distance, for the transportation of coal in carload lots. It was further provided that in case the transportation was over two or more lines of railroad it should be considered as one haul, the compensation for which should be divided among the carriers...

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