Southern Pacific Co. v. Arizona, 249 U.S. 472 (1919)

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Southern Pacific Co. v. Arizona

No. 238

Submitted March 13, 1919
Decided April 14, 1919
249 U.S. 472

ERROR TO THE SUPREME COURT

OF THE STATE OF ARIZONA

Syllabus

Whether a shipment was at a given time interstate is a question of fact. P. 477.

Evidence held insufficient to prove that a traveling show was moving interstate at the time of proceedings before a state commission to require transportation within the state and fix the rate. Id.

The mere intention to continue the tour of a traveling show beyond the state where it was performing held not enough to give interstate character to a contemplated journey within the state. Id.

A claim of federal right which was not set up in the state court and made in the assignments of error held not open in this Court. P. 478.

Semble that, when required by a state commission to transport a traveling show at a rate which is not objected to and upon terms the same as it has habitually and voluntarily agreed to in like cases, a railroad company has no ground to complain that it is thus deprived of its liberty to make or refuse a contract as a private carrier in violation of the equal protection and due process clauses of the Fourteenth Amendment. P 478.

19 Ariz. 20 affirmed.

The case is stated in the opinion.