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''Smyth v. Ames'', 171 U.S. 361 (1898), also called ''The Maximum Freight Case'', was an 1898 United States Supreme Court case. The Supreme Court voided a Nebraska railroad tariff law, declaring that it violated the Fourteenth Amendment to the United States Constitution in that it takes property without the due process of law. The Court defined the constitutional limits of governmental power to set railroad and utility rates by stating that regulated industries have the right to a "fair return". The ruling was later overturned in ''Federal Power Commission v. Hope Natural Gas Co.''〔Siegel, Stephen A. (Smyth v. Ames ). Answers.com. Accessed 18 February 2009〕 The decision was unanimous and the majority opinion was written by Justice John M. Harlan. ==Prior history== On April 12, 1893,〔 〕 Nebraska passed a law, a so-called "maximum rate bill", establishing maximum rates for the transportation of freights within the state.〔 The Railroad Commissioners of Nebraska were empowered to reduce any freight rate.〔 Several precedents had been set by the Supreme Court regarding state control over railways. Until ''Munn v. Illinois'' when the Granger Laws were declared constitutional, it had been held that railway property was protected from state authority by the Contract Clause of the Constitution, which states that no state shall pass any "Law impairing the Obligation of Contracts". However, in the Munn case, the Court ruled that all property was held subject to legislative regulation if it was "affected with a public interest". Further decisions built off the Munn decision, specifying that while the legislature may regulate property "affected by the public interest", they must exercise it reasonably by applying the used and useful principle, so as to not deprive citizens of their property without due process of law.〔 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Smyth v. Ames」の詳細全文を読む スポンサード リンク
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