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NORTHERN PACIFIC RY. v. STATE EX REL. McCUE

No. 553.

216 U.S. 579 (1910)

NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF NORTH DAKOTA EX REL. McCUE, ATTORNEY GENERAL.

Supreme Court of United States.

Decided March 14, 1910.

Attorney(s) appearing for the Case

Mr. Charles W. Bunn for plaintiff in error.

Mr. Andrew W. Miller, Attorney General of the State of North Dakota and Mr. Guy C.H. Corliss, with whom Mr. T.F. McCue was on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a proceeding by the Attorney General of North Dakota, charging the plaintiff in error with continuous violation of a law fixing rates for the carriage of coal within the State, and asking for an injunction. See Nor. Dak. Laws of 1907, c. 51. The railroad answered that the act was void under Art. I, § 8, of the Constitution, the commerce clause; and also under the Fourteenth Amendment, because the...

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