Nashville, Chattanooga & St. Louis Railway Co. v. State
Supreme Court of Alabama
From the Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. ■ Tbe indictment in tbis case charged, in a single count, “that tbe Nashville, Chattanooga & St. Louis Railway Company did, on tbe 2d day of August, 1887, employ James Moore as train-conductor on its road in Jackson county, in tbe State of Alabama; said Jameé Moore, at tbe time of such employment by said railway company, not possessing a certificate of fitness for such train-conductor, in so far as color…
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From the Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. ■ Tbe indictment in tbis case charged, in a single count, “that tbe Nashville, Chattanooga & St. Louis Railway Company did, on tbe 2d day of August, 1887, employ James Moore as train-conductor on its road in Jackson county, in tbe State of Alabama; said Jameé Moore, at tbe time of such employment by said railway company, not possessing a certificate of fitness for such train-conductor, in so far as color blindness and visual powers are concerned, duly issued in accordance with tbe requirements of tbe statute in such case…
1Opinion of the CourtStone, C. J.
— It is contended for appellant — defendant below — that the act “For the protection of the travelling public,” &c., approved February 28th,' 1887 — Sess. Acts, 87 —is unconstitutional, on two grounds: First, in declaring that the examinations in reference to color blindness, for which it makes provision, shall be “at the .expense of the railroad companies.” The second ground urged is, that while the statute specifies and declares certain rules' for conducting examinations and granting certificates, it nevertheless provides “that the State Board of Health may, from time to time, make such…
2Cases cited2 opinions
- McDonald v. StateSupreme Court of Alabama · 1886
- Baldwin v. KounsSupreme Court of Alabama · 1886
3Cited by2 opinions
- Brooks v. StateSupreme Court of Alabama · 1889
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