Legal Opinion

Hennington v. State

Supreme Court of Georgia

Decided June 8, 1892PublishedCited by 22 opinions

Criminal law. Sunday freight-train. Police. Interstate commerce. Before Judge Milner. Dade superior court. September term, 1891. Indictment for running a freight-train on Sunday. The defendant was convicted; and the question made by his exceptions is, whether under the facts the statute (Code, §4578) upon which the indictment is founded, is repugnant to article 1, section 8, of the constitution of the United States.

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Criminal law. Sunday freight-train. Police. Interstate commerce. Before Judge Milner. Dade superior court. September term, 1891. Indictment for running a freight-train on Sunday. The defendant was convicted; and the question made by his exceptions is, whether under the facts the statute (Code, §4578) upon which the indictment is founded, is repugnant to article 1, section 8, of the constitution of the United States. The train was run from Chattanooga, Tenn., to Meridian, Miss., over the railroad of the Alabama Great Southern Bailroad Co., a common cai'rier, in the States of Tennessee,…

1Opinion of the Court

Bleckley, Chief Justice.

If the sanction of time can ever be invoked to justify the exercise of governmental authority over a particular subject-matter, this can certainly be done in respect to setting aside one day in each week for rest and the cessation of all unnecessary labor. A law to this effect *397prevailed in the earliest times of which we have any authentic record, and the subject was one of statutory regulation in Georgia during her colonial period, and has so continued throughout the whole term of her existence as a State. At no instant since her independence was declared has she been…

2Cases cited2 opinions

  1. State v. Railroad Co.West Virginia Supreme Court · 1884
  2. N. & W. R. R. v. CommonwealthSupreme Court of Virginia · 1892

3Cited by22 opinions

  1. Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
  2. Hayden v. MitchellSupreme Court of Georgia · 1898
  3. Ex parte NorthrupOregon Supreme Court · 1902
  4. Burrows v. Delta Transportation Co.Michigan Supreme Court · 1895
  5. State ex rel. Temple v. BarnesNorth Dakota Supreme Court · 1911

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