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interstate and intrastate, for the same year amounted to $32,500.72. In each of these cases the experts employed by the parties unite in the statement that it is apparent from the results shown that "upon neither the revenue nor ton-mile nor passenger-mile theory of expenses can any adequate return on the investment be earned."

In the case of the Chicago Great Western company, operating 84.43 miles of road within the State, the entire net revenue from the Missouri business, interstate and intrastate, for the six months ending December 31, 1907, being the period taken by both parties for the purpose of calculation, amounted to $41,839.06. From our examination of the evidence and the various computations we are satisfied in this case, as in the two others above-mentioned, that errors attributable either to valuation or to apportionments cannot be regarded as sufficiently great to change the result.

The decrees in these three cases will accordingly be affirmed, with the modification that the Railroad and Warehouse Commissioners, and the Attorney-General of the State, may apply at any time to the court by bill or otherwise, as they may be advised, for a further order or decree whenever it shall appear, that by reason of a change in circumstances the rates fixed by the State's acts are sufficient to yield to these companies reasonable compensation for the services rendered.

The contention raised by the complainants, that these legislative acts cannot be enforced against one company unless enforced against all, cannot be sustained. The argument, in effect, is that although the charges of carriers may be clearly exorbitant, the State is powerless to compel them to put into effect reasonable rates because as to another carrier differently situated the rates thus prescribed might be unreasonably low. The acts are valid upon their face as a proper exercise of governmental authority in the establishment of reasonable rates, and

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each complainant in order to succeed in assailing them must show that as to it the rates are confiscatory.

The decrees in Numbers 9, 12, 339, 340, 341, 342, 345, 346,

349, 350, 357 and 358 are reversed and the cases remanded with directions to dismiss the bills respectively without prejudice.

The decrees in Numbers 351, 352, 365, 366, 367 and 368, are modified as stated in the opinion and, as modified, are affirmed.

KNOTT ET AL., RAILROAD AND WAREHOUSE COMMISSIONERS OF THE STATE OF MIS-SOURI, v. ST. LOUIS SOUTHWESTERN RAILWAY CO.1

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY v. KNOTT.

APPEALS AND CROSS-APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF

MISSOURI.

Nos. 343, 344, 353, 354, 355, 356, 359, 360, 361, 362, 363, 364, 369, 370, 371, 372. Argued April 1, 2, 3, 1912.-Decided June 16, 1913.

Stipulations having been made that these suits should abide by the order, judgment and decree entered in other suits, no questions

Fourteen other cases were argued simultaneously with this case and disposed of by this opinion. They are as follows.

No. 353. Knott, Railroad and Warehouse Commissioners, v. Missouri Pacific Railway Co.

No. 354. Missouri Pacific Railway Co. v. Knott.

No. 355. Knott v. St. Louis, Iron Mountain & Southern Railway Co. No. 356. St. Louis, Iron Mountain & Southern Railway Co. v. Knott.

Opinion of the Court.

230 U. S.

are presented for the consideration of this court by the records; and the appeals are dismissed.

Under such conditions the parties should apply to the court. below in accordance with the stipulations to have decrees entered in these suits similar to those which this court has directed to be entered in the suits to which the stipulations refer.

THE facts are stated in the opinion.

These cases were argued simultaneously with the other Missouri Rate Cases, ante, p. 474 by the same counsel and on the same briefs.

Memorandum opinion by direction of the court.

By MR. JUSTICE HUGHES.-These suits, with ten others, were brought to restrain the enforcement of the freightrate and passenger-fare acts of the State of Missouri passed in the years 1905 and 1907, as violative of the Federal Constitution. (See Missouri Rate Cases, decided this day, ante, p. 474).

Upon the hearing below, a stipulation was made in each of these eight suits, and orders were entered thereon, that it should abide "by the orders, judgment and decree that may be made and entered" in one of the other suits named, as follows:

The suit of the St. Louis Southwestern Railway Company was to abide that of the St. Louis, Iron Mountain & Southern Railway Company; the suits of the Missouri

No. 359. Knott v. Quincy, Omaha & Kansas City Railroad Co. No. 360. Quincy, Omaha & Kansas City Railroad Co. v. Knott. No. 361. Knott v. Wabash Railroad Company.

No. 362. Wabash Railroad Company v. Knott.

No. 363. Knott v. St. Joseph & Grand Island Railway Co.

No. 364. St. Joseph & Grand Island Railway Co. v. Knott.

No. 369. Knott v. Chicago, Milwaukee & St. Paul Railway Co.

No. 370. Chicago, Milwaukee & St. Paul Railway Co. v. Knott,

No. 371. Knott v. Chicago & Alton Railway Co.

No. 372. Chicago & Alton Railway Co. v, Knott.

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Pacific Railway Company, the St. Louis, Iron Mountain & Southern Railway Company, and the Chicago, Milwaukee & St. Paul Railway Company, that of the St. Louis & San Francisco Railroad Company; the suits of the Wabash Railroad Company and the Chicago & Alton Railway Company, that of the Chicago, Burlington & Quincy Railroad Company; and the suits of the Quincy, Omaha & Kansas City Railroad Company and the St. Joseph & Grand Island Railway Company, that of the Chicago Great Western Railway Company.

The decrees below were entered in accordance with these stipulations. No questions for our consideration are presented by the appeals and cross-appeals in these cases. The remedy of the parties is to apply to the court below in accordance with the stipulations to have decrees entered in the respective suits similar to those which we have directed to be entered in the cases to which the stipulations refer. The appeals and cross-appeals are therefore dismissed.

It is so ordered.

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KNOTT ET AL., RAILROAD AND WAREHOUSE COMMISSIONERS, v. ST. LOUIS, KANSAS CITY AND COLORADO RAILROAD CO.

ST. LOUIS, KANSAS CITY AND COLORADO RAILROAD CO. v. KNOTT ET AL., RAILROAD AND WAREHOUSE COMMISSIONERS.

APPEAL AND CROSS-APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF

MISSOURI.

Nos. 347, 348. Argued April 1, 2, 3, 1912.-Decided June 16, 1913.

These suits having been consolidated with other similar suits disposed of by the decision in the Missouri Rate Cases, ante, p. 474, the same disposition is made of these suits.

THE facts are stated in the opinion.

These cases were argued simultaneously with the other Missouri Rate Cases, ante, p. 474 by the same counsel and on the same briefs.

Memorandum opinion by direction of the court.

By MR. JUSTICE HUGHES.-This suit was one of the eighteen suits described in the Missouri Rate Cases, ante, p. 474, decided this day. Upon the hearing below, as it appeared that the property of the St. Louis, Kansas City & Colorado Railroad Company had been acquired by the Chicago, Rock Island & Pacific Railway Company, it was ordered, by consent of the parties, that the suits of the two companies should be consolidated and that

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