Joseph McKenna

“ But the imperative requirement of the Wisconsin statute precludes such accommodation or any accommodation short of its own measure of two additional trains a day each way, though the local needs may be satisfied with less.
Of course, there would be some convenience at times in two extra trains,-indeed, in more than two,-and they may be desired; but desire is not a test of requirement, nor is convenience, absolutely considered. There is a traffic to be considered which does not originate at Cochrane, and its convenience cannot be put out of view. ”

“ We may assume such outlying population, but we cannot assume definite transportation needs and a certain and invariable measure of accommodation for them. This must be established in each instance. In the present case it appears that the railroad runs through a sparsely settled country, that 90 per cent of its business is interstate, and that the trains assigned to intrastate business are not self-sustaining. ”

“ It is contended by defendant in error that the statute is valid as an amendment to the charter of the Chicago, Burlington, & Northern Railway Company, a Wisconsin corporation, and plaintiff in error's predecessor. This contention seems not to have been urged on the supreme court, and we may therefore decline to consider it; and, besides, we would be very averse to deciding that, without explicit declaration, every general law of the state applicable to corporations is enacted as an amendment to their charters. ”

“ Every village having 200 inhabitants or more and a postoffice, and within one eighth of a mile of a railroad, must be given by such railroad the accommodation of one passenger train each way, each day, if trains be run to that extent, and at least two trains if four or more passenger trains be run. ”

“ The interstate trains of the railroad are required by the necessities of its interstate business. It is in competition with shorter roads, and the speed of its trains, which cannot be safely increased, and their schedule time, are a necessity in this competition. ”

“ About 90 per cent of all the passenger traffic over this line consists of people going from Chicago to St. Paul and points in Minnesota, the Dakotas, and the entire Northwest and Canada. Two trains are run each way daily between Chicago and Portland and Seattle. One train leaves Chicago in the morning, and from St. Paul runs over the Northern Pacific line to the Northwest. Another train leaves Chicago in the evening, and from St. Paul goes over the Great Northern line to the Northwest. There are two corresponding trains eastbound. ”

“ Such facilities existing-that is, the local conditions being adequately met-the obligation of the railroad is performed, and the stoppage of interstate trains becomes an improper and illegal interference with interstate commerce. ”

“ This conformity to conditions must be strained or embarrassed, and, it may be, prevented, in order to give greater facilities than one train a day each way to villages having a postoffice and 200 inhabitants, not necessarily because they are not properly served, but seemingly to give them a larger division of service. ”

“ And this, whether the interference be directly by the legislature or by its command through the orders of an administrative body. (4) The fact of local facilities this court may determine, such fact being necessarily involved in the determination of the Federal question whether an order concerning an interstate train does or does not directly regulate interstate commerce, by imposing an arbitrary requirement. ”