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UNION PACIFIC R. CO. V. PUBLIC SERVICE COMM'N, 248 U. S. 67 (1918)

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U.S. Supreme Court

Union Pacific R. Co. v. Public Service Comm'n, 248 U.S. 67 (1918)

Union Pacific Railroad Company v. Public Service Commission

No. 65

Argued November 19, 20, 1918

Decided December 9, 1918

248 U.S. 67

Syllabus

A Utah corporation, operating an extensive railroad through several states, with but slight mileage, and small proportion of its property, and no intrastate business, in Missouri, seeking to issue over $30,000,000 bonds under mortgage of its whole line to meet expenditures incurred but in small part in that state, was charged for the privilege, by a Missouri commission, over $10,000, calculated by a percentage of the entire issue. Held a direct, unconstitutional interference with interstate commerce. P. 248 U. S. 69.

This Court must examine for itself whether there is any basis in fact for a finding by a state court that a constitutional right has been waived. P. 248 U. S. 69.

Where a state exacted an unconstitutional fee for a certificate of authority to issue railroad bond, under statutes threatening heavy penalties and purporting to invalidate the bonds, and so rendering them unmarketable, if the certificate were not obtained, held that application for and acceptance of the certificate, with payment under protest, were made under duress. P. 248 U. S. 70.

268 Mo. 641 reversed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 248 U. S. 68





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