468 HASTINGS—POLICE POWER OF: THE STATE. [June 19, 
The objection that the law infringed upon the power of Congress 
over interstate commerce was especially urged. The chief justice 
found no difficulty with the charter provision. No immunity from 
such legislation was expressly given, and it could not be, construc- 
tively. The claim that the company was deprived of property 
without due process of law and that the legislation infringes on the 
exclusive domain of Congress, inasmuch as the railroad was an 
instrument of interstate commerce, was set aside for the same rea- 
sons as in the preceding case : 
“This road, like the warehouse in that case, is situated within the limits 
of a single state. Its business is carried on there and its regulation a 
matter of domestic concern. It is employed in state as well as interstate 
commerce, and, till Congress acts, the state must be permitted to adopt 
such rules and regulations as may be necessary for the promotion of the 
general welfare of the people within its own jurisdiction, even though in 
so doing those without may be indirectly affected.” 
Judges Field and Strong again dissented, but gave no opinion. 
The third of the Granger cases at this term was ' Peck vs. The 
Chicago & Northwestern Railway Co. This case held that the 
doctrine of the former two and the statutes of Wisconsin fixing the 
rates of transportation must apply to the railway company, al- 
though it was formed out of the consolidation of certain Wisconsin, 
railroad corporations with Illinois corporations, on the terms of 
compliance with Wisconsin laws when operating in Wisconsin. It 
was held that this fact of consolidation with a corporation of 
another state could not deprive the state of its right of control. 
In the case of the * Winona & St. Peter Railroad Co. vs. Blake 
it was held that the company having accepted its incorporation as 
a common carrier was bound to carry freight when offered for 
the lawful compensation fixed by the state. In *Chicago, Mil- 
waukee & St. Paul Railroad Co. vs. Ackley it was held that the 
company could not recover more than the maximun rate allowed by 
statute, even upon showing that such additional charge was reason- 
able and inherently just. 
In *Stone vs. Wisconsin a judgment of the state court that the 
provisions of the state constitution of 1848 under which Wiscon- 
sin was admitted to the Union, that 
194.0. S., 164 (1876). 394 Ou S3,)07 0: 
2 Id, 180 (1876). 4 Zd,, 181 (1876). 
