State v. Southern Pacific Co.

Citations

• 23 Or. 424
• 31 P. 960
• 1893 Ore. LEXIS 39

Syllabus

<p>1. Removal of Causes — Petition.—When an action has heen commenced in a state court of competent jurisdiction, and a petition is filed for removal to the federal courts, the state court is not bound to surrender its jurisdiction unless the petition shows on its face that the case involves the construction of the constitution of the United States, or of the laws thereof.</p> <p>2. Idem — Federal Question. — A petition for removal from a state -to a federal court, showing that the petitioner is a corporation organized under the laws of another state, that its duties and functions do not depend upon any act of congress, and that the question involved is the settling of tariff rates promulgated by the state railroad commission, does not show any ground for removal.</p> <p>3. Obligation of Contracts — Deady’s Code, § 36, p. 532. — Deady’s Code, § 36, p. 532, which provides that any railroad company incorporated under the law as it then existed should “ have the power to collect such tolls for the transportation of persons and property as it may prescribe,” did not, as between the state and a railroad company organized during the time that law was in force, constitute a contract the obligation of which could not be impaired by subsequent legislation. Ex parte Koehler, 11 Saw. 37 (23 Fed. Rep. 529), approved.</p> <p>4. Railroad Rates — Basis of Computation by Commission. — The actual value of a railroad is the basis on which a just and fair return must be allowed by the railroad commission under the act of 1891 (Session Laws 1891, 124), and not the bonded indebtedness, capital stock, and current indebtedness, unless it be shown that the value of the road equalled such outstanding indebtedness.</p>