Ratcliff v. Wichita Union Stock-yards Co.

Citations

• 74 Kan. 1
• 86 P. 150
• 1906 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Business Affected with a Public Interest — Regulation of Charges. The carrying on of stockyards at a commercial center, with which all the railroads entering the city connect, and which is the only available market in the city and for a large scope of country around it for the selling, feeding, resting and shipping of live stock, is a business affected with a public interest, and is subject to public regulation and control in respect to rates.</p> <p>2. - Rates Not Confiscatory. The averments of an answer examined, and it is held, that they fail to show that the rates prescribed by chapter 487 of the Laws of 1903, defining „ public stock-yards and regulating the charges thereof, are so palpably unreasonable and unjust when applied to the defendant as to amount to the taking of private property without just compensation or due process of law.</p> <p>3. -Legislative Powers — Limitation. There are no limits upon the legislative power of the legislature of the state, except such as may be found in the state and federal constitutions.</p> <p>4. -- Aet Held Valid. Chapter 487 of the Laws of 1903 held not to be repugnant to the provisions of the state constitution.</p>