Annual Report - Iowa State Commerce Commission Volume 68 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...of said state, may hereafter, when the circumstances have changed so that the rates fixed In the said act shall yield to the said companies reasonable compensation for the services aforesaid, apply to this court, by supplemental bill or otherwise, as they may be advised, for a further order in that behalf. It Is further ordered, adjudged, and decreed that the plaintiffs recover of the said defendants their costs to be taxed by the clerk." The above decree was In accordance with the prayer for relief. A. similar decree was rendered In each of the other cases. The present appeals were prosecuted by thi defendants constituting the state board of transportation, as well as by the defendants who are secretaries of that board. The first question to be considered Is one common to all the cases. While It was not objected at the argument that thera had been any departure from the ninety-fourth equity rule, It was contended that the plaintiffs had an adequate remedy at law, and that the circuit court of the United States, sitting in equity, was therefore without jurisdiction. This objection Is based upon the fifth section of the Nebraska statute authorizing any railroad company to show, In a proper action brought In the supreme court of the state, that the rates therein prescribed are unreasonable and unjust, and, if that court found such to be the fact, to obtain an order upon the board of transportation permitting the rates to be raised to any sum in the discretion of that board, provided that in no case should they be fixed at a higher sum than was charged by the company on the 1st day of January, 1893. This section. It Is contended, took from the circuit court of the United States its equity jurisdiction in respect of the rates prescribed...