Opinion · Supreme Court of the United States
Stone v. Illinois Central Railroad
Stone v. Ill. Cent. R.R., 116 U.S. 347 (1886)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1886-01-04
- Topic
- general
Mr. Chief Justice Waite delivered the opinion of the court. This suit, like, that of Stone v. The Farmers’ Loan and Trust Co., just decided, ante, 307, was brought to restrain the railroad commission from enforcing the railroad supervision act of Mississippi against a Corporation operating a railroad in that State. The railroad in Mississippi forms part of a line from New Orleans through Louisiana, Mississippi, Tennessee, and Kentucky to a point on the Ohio River opposite Cairo, Illinois, where it connects with the Illinois Central Railroad, extending to Chicago.
Citator
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- Cited by
- 11 opinions
Headnotes
- Constitutional Law — State Regulation of Foreign Corporations A foreign corporation that enters a state to operate a railroad within its borders subjects itself to the local legislation applicable to the corporation owning the road, and possesses no privileges in that state beyond those belonging to the corporation whose road it operates.
- Constitutional Law — Contracts Clause A railroad charter provision authorizing the directors to establish and alter a tariff of charges does not, by itself, demonstrate an intention by the state to exempt the corporation from proper legislative control; absent a clear showing of such intent, the corporation remains subject to the state's regulatory legislation.
delivered the opinion of the court. This suit, like, that of Stone v. The Farmers’ Loan and Trust Co., just decided, ante, 307, was brought to restrain the railroad commission from enforcing the railroad supervision act of Mississippi against a Corporation operating a railroad in that State. The railroad in Mississippi forms part of a line from New Orleans through Louisiana, Mississippi, Tennessee, and Kentucky to a point on the Ohio River opposite Cairo, Illinois, where it connects with the Illinois Central Railroad, extending to Chicago. The entire line is now owned by the New Orleans, St. Louis and Chicago Railroad Company, a corporation formed by the consolidation of the several corporations created by the different States through which the road runs, for the purpose of securing its construction and operation for inter-state traffic, as well as for transportation within the limits of the several States.
The whole road from Cairo to New Orleans has been leased to the Illinois Central Railroad Company, an Illinois corporation, and is now operated by that company, much the largest part of its business being of an inter-state character.
The Mississippi charter, under which the road is now owned and operated in that State, provides:
“ That the president and directors be, and they are hereby, authorized to adopt and establish such a tariff of charges for the transportation of persons and property as they may think proper, and the same to alter and change at pleasure.”
This is now part of the charter of the consolidated company in Mississippi. ' In all other respects the material facts in this case are the same as those in that just decided. Relief is also asked on the same grounds. The court below granted the injunction prayed for, and this appeal was taken for a review of a decree to that effect.
This case comes clearly within the rulings in the other. There is nothing here any more than there to show an intention
The decree of the Circuit Court is reversed on the authority of Stone v. Farmers' Loan and Trust Co., and the cause is remanded, with directions to dismiss the bill.