by John Marshall Harlan

“ The railroad, as this court has often said, is a public highway established primarily for the convenience of the public, and suject always to any right acquired by the railroad company under an inviolable contract with the state-the use of such a highway may be so regulated as to promote the public convenience, provided such a regulation be not arbitrary in its character, and does not materially interfere with the enjoyment by the railroad company of its property. ”

“ During the time mentioned all grain of every kind and description received into or deposited or handled in, or shipped from, the warehouse was grown in Minnesota, and was sold and delivered to the defendant by, and received into the warehouse from, citizens and residents of, or other persons doing business in, Minnesota, the weights, grades, dockage, and inspection of all such grain having been fixed by mutual agreement between such persons and the company without controversy in respect thereto, and in no other manner and by no other persons ”

“ The complaint alleged that the elevator was used by the defendant company in connection with the railway for the receiving and shipping of wheat and other grains transported over the lines of the railway company; was essential and necessary to the railway company in order promptly, safely, and properly to handle grains received by it for shipment; and constituted, in that respect, a necessary adjunct of the railroad. ”

“ It seems to be necessary to a clear understanding of the case, and to the disposition of some of the questions presented for consideration, that the entire act be examined. It is therefore given in full in the margin. ”