Oliver Wendell Holmes, Jr.

“ The Michigan statutes, though they may not have a perfectly clear vision of the distinctions developed in Prentis v. Atlantic Coast Line Co., do not attempt to transgress the limits that the Constitution lays down. The important provisions are that any common carrier or other party in interest dissatisfied with the orders of the commission may bring a suit in the state circuit court in chancery to set aside the order on the ground that the rates fixed are unreasonable, and the court is given power 'to affirm, vacate, or set aside the order . ”

“ The distinction between the judicial function of declaring a rate unreasonable and the legislative one of establishing a rate as reasonable is developed in Louisville & N. R. Co. v. Garrett, 231 U.S. 298, 58 L. ed. ”

“ Rep. 67; but the applicability of that decision depends upon whether the state courts, in the hearings before them, were acting in a legislative capacity or simply were fulfilling their ordinary function as courts. In Virginia the state Constitution itself provided for an appeal from an order by the commission to the supreme court of appeals, and gave that body power to substitute such order as, in its opinion, the commission should have made. ”