On November 16, 1903, the railroad commission of Mississippi, by written order, directed the Alabama & Vicksburg Railway Company, hereinafter called the Vicksburg company, to put into effect, over its line of road from Vicksburg to Meridian, a flat rate of 3 1/2 cents per 100 pounds on grain and grain products. December 3, 1903, an application was made by the railway company to the chancellor of the fifth chancery district of the state to restrain the enforcement of this order. July 11, 1904, a temporary injunction issued on the filing of the bill was dissolved and the bill dismissed. On appeal to the supreme court of the state this decree of the chancellor was affirmed (86 Miss. 667, 38 So. 356), and thereupon this writ of error was sued out.
Messrs. Harry H. Hall and McWillie & Thompson for plaintiffs in error.
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Messrs. Hannis Taylor, C. H. Alexander, and Monroe McClurg for defendant in error.
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Mr. Justice Brewer delivered the opinion of the court:
