Page:Harvard Law Review Volume 9.djvu/360

332 332 HARVARD LAW REVIEW. regulation of railroad rates and fares, whether the same concerned interstate commerce or State commerce only. Peik V. Chicago & Northwestern Railway Co.,^ raised the ques- tion of the constitutionality of an act of the State of Wisconsin, fixing maximum rates of fare and freight. It was decided in the same manner upon the interstate commerce point as the preced- ing case. The railroad company here was incorporated under the laws of Wisconsin, and was engaged in interstate as well as intra- state commerce. The court said : — " As to the effect of the statute as a regulation of interstate commerce. The law is confined to State commerce, or such interstate commerce as directly affects the people of Wisconsin. Until Congress acts in reference to the relations of this company to interstate commerce, it is certainly within the power of Wisconsin to regulate its fares, etc., so far as they are of domestic concern. With the people of Wisconsin this company has domestic relations. Incidentally, this may reach beyond the State. But certainly, until Congress undertakes to legislate for those who are without the State, Wisconsin may provide for those within, even though it may indirectly affect those without." And in another portion of the decision, the court, in defining the matter at issue, said : — " These suits present the single question of the power of the legislature of Wisconsin to provide by law for a maximum of charge to be made by the Chicago and Northwestern Railway Company for fare and freight upon the transportation of persons and property carried within the State, or taken up outside the State and brought within it, or taken up inside and carried without^ That is to say, the effect of the statute upon interstate com- merce as well as State commerce was directly in issue, and one of the matters decided. Chicago, Milwaukee, & St. Paul Railroad Co. v. Ackley,^ related to a Wisconsin railroad, and presented no new point. Winona & St. Peter Railroad Co. v. Blake,^ Southern Minnesota Railroad Co. V. Coleman,* and Stone v. Wisconsin,^ were all cases of Minnesota corporations, and were decided on the same grounds as the foregoing. The dissenting opinion in the Granger Cases ^ did not discuss 1 94 U. S. 164. 8 94 U. S. 180. 6 94 U. S. i8r. 2 94 U. S. 179. * 94 U. S. 181. « 94 U. S. 181, 183.