State v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. C. A. Den-ton, Judge. (1) The Act of March. 19, 1907, under which defendant was prosecuted, is unconstitutional, in that it is special and class legislation. The only purpose of a statute of this character is the accommodation of the traveling public. The necessity for such a law, if there be any at all, is to accommodate the public by furnishing ample facilities for travel “every day”, including Sunday.
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Appeal from Benton Circuit Court. — Hon. C. A. Den-ton, Judge. (1) The Act of March. 19, 1907, under which defendant was prosecuted, is unconstitutional, in that it is special and class legislation. The only purpose of a statute of this character is the accommodation of the traveling public. The necessity for such a law, if there be any at all, is to accommodate the public by furnishing ample facilities for travel “every day”, including Sunday. The business, then, to be legislated upon, is the regular conveyance of' passengers, regardless of whether it be by railroad, trolley car, steamboat,…
1Opinion of the Court
VALLIANT, C. J. —
Defendant was convicted and fined $100 as if for failure to obey the requirement of an Act of the General Assembly approved March 19, 1907 (Laws 1907, p. 180), entitled, “An Act to compel all railroad corporations or persons operating a railroad or part of a railroad in this State to run at least one passenger train over said railroad each way every day, and fixing penalties for violation thereof.”
The first section of that act is as follows:
*161“Section 1. That all persons, copartnerships, companies or corporations operating any railroad or part of a railroad in this State shall,…
2Cases cited2 opinions
- Chicago Great Western Railway Co. v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1897
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. People ex rel. JettIllinois Supreme Court · 1898
3Cited by7 opinions
- State v. LeeSupreme Court of Missouri · 1910
- Atlantic Refining Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1921
- Chesapeake & Ohio Railway Co. v. Public Service CommissionMichigan Supreme Court · 1969
- Arizona Eastern R.R. Co. v. StateArizona Supreme Court · 1926
- Power v. Gainesville & Northwestern RailroadCourt of Appeals of Georgia · 1915
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