Morrison Waite

“ The provision in the charter of the New Orleans & Northeastern Company, that in fixing rates there shall be no discrimination in favor of any other road, does not bring into that charter the rate clauses in the charters of the new companies. ”

“ This is a suit brought by the New Orleans & Northeastern Railroad Company to enjoin the railroad commission from enforcing the railroad supervision law of Mississippi against that company. It differs from the cases of Stone v. Farmers' Loan & Trust Co., ante, 334, and Stone v. Illinois Cent. R. Co., ante, 348, only in the charter provisions on which the claim of a contract exemption from legislative control as to fares and freights is made. ”

“ It will undoubtedly be the duty of the commissioners, when fixing the tariff for this company, to see that there is no such discrimination as is provided against. Whether in doing so it will be necessary to have regard to the rates allowed by the later charters is not a question in this case. ”