Toledo, St. Louis & Kansas City Railroad v. Stephenson

This was a suit to recover a penalty for obstructing a highway, under section 23 of the highway act of March 2d, 1883. Elliott’s Supp., section 1565.

It was commenced originally before a justice of the peace of Montgomery county, and comes to this court because the constitutionality of the statute is challenged. The ground upon which the statute is assailed is, that it provides for the recovery of a penalty which goes to the trustee of the township for the benefit of the highways of the district, while the appellant insists that penalties should go to the common school fund alone, for the…