Southern Pacific Co. v. Campbell, 230 U.S. 537 (1913)

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE DISTRICT OF OREGON

Syllabus

The enforcement of an order of the state Railroad Commission prescribing rates of intrastate transportation will not be restrained at the instance of a carrier on the ground that the rates are confiscatory where the allegations of the bill are insufficient to show that the carrier would be deprived of just compensation in the business of intrastate transportation by virtue of the operation of the order.

A general charter provision giving power to charge and collect tolls necessarily implies that the charges shall be reasonable, and does not detract from the power of the state to prescribe reasonable rates.

The Court should only override the decision of the, body which has been given legislative authority to establish rates of transportation where the action of such body is of such an arbitrary character as to constitute an abuse of powers.

This Court follows the decision of the state court as to the constitutionality of a state statute conferring power on a railroad Commission to establish intrastate rates.

Penal provisions of a state statute regulating railroad rates which are separable furnish no ground for the courts denying effect to the rates if the statute is otherwise valid.

18 F. 12 affirmed.

The facts, which involve the constitutionality of an order of the Railroad Commission of Oregon of September 21, 1910, prescribing railroad freight rates, are stated in the opinion.