chicago
wellman
argued
decided
february
action
thomas
wellman
chicago
grand
trunk
railway
company
recover
damages
refusal
carry
passenger
verdict
judgment
plaintiff
affirmed
state
defendant
brings
error
affirmed
statement
justice
brewer
legislature
state
michigan
passed
act
public
acts
year
pages
among
things
section
howell
statutes
part
railroad
law
state
amended
far
affects
matters
controversy
enough
quote
ninth
paragraph
referring
powers
liabilities
railroad
companies
follows
regulate
time
maner
passengers
property
shall
transported
tolls
compensation
paid
therefor
compensation
transporting
passenger
ordinary
baggage
exceeding
weight
pounds
shall
exceed
following
prices
viz
distance
exceeding
five
miles
three
cents
per
mile
distances
companies
gross
earnings
whose
ger
trains
reported
commissioner
railroads
year
one
thousand
eight
hundred
equaled
exceed
sum
per
mile
road
operated
said
company
two
cents
per
mile
companies
earnings
whose
passenger
trains
reported
aforesaid
less
per
mile
road
operated
said
company
two
half
cents
per
mile
companies
whose
earnings
reported
aforesaid
less
per
mile
road
operated
said
company
three
cents
per
mile
prior
thereto
regular
fare
charged
plaintiff
error
road
port
huron
battle
creek
distance
miles
day
law
took
affect
october
defendant
error
plaintiff
went
defendant
office
port
huron
tendered
ticket
place
battle
creek
refused
thereupon
brought
action
damages
railroad
company
promptly
answered
november
less
two
months
time
law
went
effect
case
tried
verdict
judgment
entered
favor
defendant
error
sum
mount
sufficient
take
case
higher
trial
agreed
railroad
company
earnings
passenger
trains
year
exceeded
per
mile
capital
stock
fully
paid
bonded
debt
bearing
per
cent
half
per
cent
interest
payable
semiannually
capital
stock
mortgage
debt
represented
actual
amount
paid
corporation
railroad
property
time
worth
capital
stock
mortgage
debt
addition
mortgage
debt
floating
debt
amount
following
tabulated
statement
earnings
expeuses
year
admitted
correct
total
earnings
income
defendant
sources
year
amount
received
passenger
traffic
sum
freight
traffic
sum
miscellaneous
sources
total
defendant
operatiog
expenses
year
interest
paid
bonds
necessary
expenses
including
interest
part
unfunded
debt
rental
cars
tracks
etc
addition
foregoing
expenses
defendant
paid
year
earnings
account
interest
bonds
paid
previous
years
addition
agreed
statement
facts
two
witnesses
called
one
traffic
manager
treasurer
plaintiff
error
testimony
substantially
view
competition
prevailing
chicago
business
impossible
increase
freight
rates
charged
company
throw
volume
business
hands
competing
roads
upon
agreed
statement
testimony
alone
railroad
company
asked
instruction
act
referred
unconstitutiona
refused
instruction
exception
refusal
give
instruction
solitary
one
taken
trial
proceeded
charge
jury
act
question
valid
plaintiff
entitled
verdict
judgment
reason
failure
defendant
comply
provisions
charge
exceptions
taken
case
went
state
single
exception
stated
sustained
ruling
trial
affirmed
judgment
reveise
judgment
railroad
company
sued
writ
error
meddaugh
geo
edmunds
plaintiff
error
wm
mitchell
wellman
ellis
atty
state
michigan
justice
brewer
stating
facts
foregoing
language
delivered
opinion
single
question
presented
record
whether
trial
facts
presented
erred
refusing
instruct
matter
law
act
unconstitutional
noticed
act
interfere
rates
freight
simply
regulates
passenger
fares
also
agreement
freight
tates
changed
increase
revenues
therefrom
evidence
opinion
two
gentlemen
doubtless
well
informed
worthy
credit
increase
freight
rates
inexpedient
futile
tend
diminish
rather
increase
income
freight
question
submitted
jury
whether
believed
increase
freight
rates
work
reduction
income
freight
even
whether
believed
reduction
passenger
tariff
battle
creek
port
huron
increase
travel
increase
earnings
therefrom
asked
peremptorily
charge
jury
law
fixing
passenger
rate
unconstitutional
words
instruction
asked
amounted
matter
law
opinion
two
witnesses
effect
raising
freight
tariff
upon
earnings
conclusive
like
matter
law
reduction
passenger
tariffs
increase
amount
passenger
business
increase
revenues
contrary
diminish
earnings
therefrom
reduction
operate
far
diminish
earnings
road
prevent
payment
operating
expenses
fixed
charges
therefore
act
unconstitutional
application
company
else
legislature
power
respect
matter
act
prescribing
maximum
rates
necessarily
unconstitutional
although
rates
authorized
might
high
enable
every
company
pay
therefrom
expenses
large
dividends
stockholders
connection
worthy
note
agreed
statement
previous
passenger
rate
port
huron
battle
creek
rate
pre
mile
defendant
uniformly
charged
persons
transportation
upon
road
yet
report
defendant
made
state
business
year
invited
counsel
examine
appears
average
rate
fare
per
mile
passengers
less
maximum
rate
fixed
act
question
circumstances
erred
peremptorily
refusing
instruct
jury
act
fixing
maximum
rate
two
cents
per
mile
unconstitutional
validity
law
nature
dependent
upon
ipinion
two
witnesses
however
well
qualified
testify
must
jury
accept
opinions
finality
must
declared
matter
law
reduction
rates
necessarily
diminishes
income
may
experience
suggest
reduction
rates
increase
amount
business
therefore
earnings
rate
must
assume
effect
ignoring
considerations
hold
matter
law
reduction
rates
necessarily
diminishes
earnings
vaildity
law
application
particular
company
depends
upon
question
fact
effect
upon
earnings
may
properly
leave
question
jury
decline
assume
effect
claimed
one
answer
questions
contention
legislature
power
matter
act
fixing
rates
however
high
may
necessarily
unconstitutional
emough
refer
long
series
cases
contrary
decided
legislature
power
fix
rates
extent
judicial
interference
protection
unreasonable
rates
stone
trust
sup
railway
minnesota
sup
michigan
passing
upon
present
case
felt
constrained
make
observation
evident
record
friendly
suit
plaintiff
defendant
test
constitutionality
legislation
attorney
general
brought
upon
writ
error
properly
interposed
secured
counsel
represent
public
interest
stipulation
facts
taking
testimony
neither
attorney
general
person
interested
employed
behalf
people
state
took
part
difference
might
record
people
represented
however
view
case
material
inquiry
counsel
plaintiff
error
referring
question
deny
says
attorney
general
speaks
case
evidently
friendly
case
justice
mores
opinion
also
speaks
may
conceded
ground
claim
fraud
trickery
practiced
presenting
testimony
think
ther
much
suggestion
theory
upon
apparently
suit
brought
parties
appeal
legislature
courts
latter
given
immedate
general
supervision
constitutionality
acts
former
true
whenever
pursuance
honest
actual
antagonistic
assertion
rights
one
individual
another
presented
question
involving
validity
act
legislature
state
federal
decision
necessarily
rests
competency
legislature
enact
must
exercise
solemn
duties
determine
whether
act
constitutional
esercise
power
ultimate
function
courts
legitimate
last
resort
necessity
determination
real
earnest
vital
controversy
individuals
never
thought
means
friendly
suit
party
beaten
legislature
transfer
courts
inquiry
constitutionality
legislative
act
observations
pertinent
day
act
went
force
application
ticket
made
suit
commenced
within
two
months
judgment
obtained
trial
judgment
rendered
upon
presentation
facts
lips
witnesses
full
inquiry
upon
agreed
statement
precludes
inquiry
many
things
necessarily
largely
enter
determination
matter
controversy
single
suggestion
direction
agreed
defendant
operating
expenses
operating
expenses
consist
made
partially
extravagant
salaries
one
hundred
thousand
dollars
president
like
proportions
subordinate
officers
surely
courts
called
upon
adjudge
act
legislature
fixing
maximum
passenger
rates
railroad
companies
unconstitutional
ground
enforcement
prevent
stockholders
receiving
dividends
investments
bondholders
interest
loans
fully
advised
done
receipts
earnings
company
advised
might
clearly
appear
prudent
honest
management
within
rates
prescribed
secure
bondholders
interest
stockholders
reasonable
dividends
protection
vested
rights
property
duty
courts
come
legislative
power
rests
subservient
discretion
railroad
corporation
may
exorbitant
unreasonable
salaries
improper
way
transfer
earnings
pleased
call
expenses
mean
insinuate
aught
aganst
actual
management
affairs
company
silence
record
gives
us
information
knowledge
outside
thereof
suspicion
wrong
suggestion
indicate
easily
courts
may
misled
grievous
wrong
public
careful
declare
legislative
acts
unconstitutional
upon
agreed
general
statements
without
fullest
disclosure
material
facts
judgment
affirmed