Chicago & Grand Trunk Railway Co. v. Wellman
Citations
- 143 U.S. 339
- 12 S. Ct. 400
- 36 L. Ed. 176
- 1892 U.S. LEXIS 2028
Syllabus
<p>The act of the legislature of Michigan of June 28, 1889, (Public Laws of 1889, pp. 282, 283,) fixing the amount per mile to be charged by railways for the transportation of a passenger, violates no- provision in the Constitution of the United States, so far as disclosed by the facts in this case. A legislature has power to fix rates for the transportation of passengers by railways, arid the extent of judicial interference is protection against, unreasonable rates.</p> <p>Whenever, in the pursuance of an honest antagonistic assertion of rights, there is presented a question involving the validity of any act of any legislature, State or Federal, and the decision necessarily rests on the competency of'the legislature to so enact, the court must determine whether the act be constitutional or not; but it never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.</p> <p>Courts should be careful not to declare legislative acts unconstitutional upon agreed and general statements, and without the fullest disclosure of all material facts.</p>
Judges: Brewer
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