State ex rel. Circuit Attorney of Tenth Judicial Circuit v. Cape Girardeau & State Line Railroad
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. I. The Legislature has no power to amend a special act passed under the old constitution. (a) The object of the constitutional provisions (art. iv, § 27; art. vhi,' § 4) was to prevent and inhibit special legislation.
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Appeal from Cape Girardeau Circuit Court. I. The Legislature has no power to amend a special act passed under the old constitution. (a) The object of the constitutional provisions (art. iv, § 27; art. vhi,' § 4) was to prevent and inhibit special legislation. If this is so, then to say that the Legislature may not pass an act to incorporate, but may pass an act to amend an act of incorporation in existence, would make this provision of the constitution practically amount to nothing; for if the Legislature may amend, it may to the extent of passing an entirely new law, except as to one…
1Opinion of the CourtWagner, Judge
This was a proceeding in the nature of a quo warranto by the circuit attorney of the Tenth Judicial Circuit, to require the Cape Girardeau & State Line Railroad Company to show by what warrant or authority it claimed to have and exercise the franchises of a railroad company. The answer stated an incorporation by an act of the Legislature, approved December 31, 1859, by which the company was chartered, with the privilege of building a railroad from Cape Girardeau to Belmont, and an amendment to said charter, passed February 18, 1869, by which the company was, at its request, permitted to build…
2Cited by27 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- City of Indianapolis v. NavinIndiana Supreme Court · 1897
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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