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NORF. & WEST. RY. CO. v. WEST VIRGINIA

No. 197.

236 U.S. 605 (1915)

35 S.Ct. 437

59 L.Ed. 745

NORFOLK AND WESTERN RAILWAY COMPANY v. CONLEY, ATTORNEY GENERAL OF THE STATE OF WEST VIRGINIA.

Supreme Court of United States.

Decided March 8, 1915.

Attorney(s) appearing for the Case

Mr. John H. Holt and Mr. Lucien H. Cocke, with whom Mr. Joseph I. Doran and Mr. Theodore W. Reath were on the brief, for plaintiff in error.

Mr. A.A. Lilly, Attorney General of the State of West Virginia, for defendants in error.

MR. JUSTICE HUGHES delivered the opinion of the court.

In 1907, the legislature of West Virginia passed an act fixing the maximum fare for passengers on railroads, as described in the statute, at two cents a mile. Acts, 1907, Ch. 41, p. 226. After the rate had been tested by operating under it for two years, the plaintiff in error brought this suit to restrain its enforcement as being in violation of the constitution of the...

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