American railroad rates online

the use of its property in violation of the Con-
stitution. Stated in simpler form — the question is
whether the law-made rates are confiscatory. If they
are confiscatory and, therefore, unconstitutional, it is
the duty of the courts to restrain their enforcement.
Acting upon this principle the Supreme Court of
the United States, having held that schedules
of rates established by the railroad commission of
Texas,^ the railroad commission of Nebraska,^ and

^ Railroad Commission Cases, ii6 U. S. Rep. 331, per Chief
Justice Waite.

2 Reagan i;. Farmers' Loan & Trust Co., 154 U. S. Rep. 391.
8 Smyth