Missouri, Kansas & Texas Railway Co. v. Missouri Railroad & Warehouse Commissioners
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. This case involves the question of removal from a state to a Federal court. The State of Missouri has a body of statutes for the regulation of railroads. By one section a board of railroad commissioners is created. To this board is committed the duty of supervising the conduct and charges of railroads, of hearing and deciding complaints against them, .and making such orders as the circumstances require.
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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. This case involves the question of removal from a state to a Federal court. The State of Missouri has a body of statutes for the regulation of railroads. By one section a board of railroad commissioners is created. To this board is committed the duty of supervising the conduct and charges of railroads, of hearing and deciding complaints against them, .and making such orders as the circumstances require. Section 1143,'Rev. Stat. Missouri, (1899), identical with section 2646, Rev. Stat. Missouri, (1889), contains this provision : “ Seo. 1143.…
1Opinion of the CourtJustice Brewer
The single question presented for our consideration is whether the railway company was entitled to remove this suit from the state to the Federal court. The state court refused the removal, and the Federal court, on the other hand, denied a motion to remand. Under these circumstances this court has jurisdiction to determine whether there was error on the part of the state court in retaining the case. Removal Cases, 100 U. S. 457; Stone v. South Carolina, 117 U. S. 430; Missouri Pacific Railway Company v. Fitzgerald, 160 U. S. 556, 582.
On the face of the record the railway company was entitled…
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