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CHICAGO, M., ST. P. & P. R. CO. v. PUBLIC SERVICE COMM.

260 Wis. 212 (1951)

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant, vs. PUBLIC SERVICE COMMISSION, Respondent.

Supreme Court of Wisconsin.

December 4, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by Bender, Trump, McIntyre, Trimborn & Godfrey of Milwaukee, and Aberg, Bell, Blake & Conrad of Madison, attorneys, and Rodger S. Trump of Milwaukee of counsel, and oral argument by Rodger S. Trump.

For the respondent there was a brief by the Attorney General and William E. Torkelson, chief counsel for the Public Service Commission, and oral argument by Mr. Torkelson.

CURRIE, J.

The appellant railroad raises the following contentions:

(1) The commission's decision, findings, and order are contrary to the commerce clause of the United States constitution.

(2) The commission's decision, findings, and order constitute a taking of the railroad's property without due process of law in violation of the Fourteenth amendment to the United States constitution.

(3) The commission's decision, findings, and order are...

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