Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. State

Supreme Court of Arkansas

Decided June 1, 1908PublishedCited by 17 opinions

Appeal from Pulaski Circuit Court; Edward, W. Winfield, Judge; STATEMENT BY THE COURT. This appeal involves two cases, but only one will be stated, as there is no material difference between them.

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Appeal from Pulaski Circuit Court; Edward, W. Winfield, Judge; STATEMENT BY THE COURT. This appeal involves two cases, but only one will be stated, as there is no material difference between them. The Prosecuting Attorney of the Sixth Judicial Circuit filed complaint against the defendant, Chicago, Rock Island & Pacific Railway Company, a foreign corporation alleging a violation of act No. 116 of 1907, which is as follows: “Sec. 1. No railroad company or officer of court owning or operating any line or lines of railroad in this State and engaged in the' transportation of freight over its line…

1Opinion of the Court

Hill, C. J.,

(after stating-the facts). The railroad company contends that the act is unconstitutional for three reasons, which will be disposed of in the order presented, by counsel for appellant.

1. That the act is unconstitutional because repugnant to sec. 18, art. 2 of the Constitution of Arkansas, and sec. 1 of the 14th Amendment to the Constitution of the United States.

Section 18, article 2 of the Constitution of Arkansas reads as follows: “The General Assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong…

2Cases cited24 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Smyth v. AmesSupreme Court of the United States · 1898
  3. Paul v. VirginiaSupreme Court of the United States · 1869
  4. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  5. Smith v. AlabamaSupreme Court of the United States · 1888

19 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Missouri Pacific Railroad v. NorwoodSupreme Court of the United States · 1931
  2. Willis v. City of Fort SmithSupreme Court of Arkansas · 1916
  3. Chicago, Rock Island and Pacific Railroad Co. v. HardinDistrict Court, W.D. Arkansas · 1965
  4. Missouri Pac. R. Co. v. NorwoodDistrict Court, W.D. Arkansas · 1930
  5. Hope v. HallSupreme Court of Arkansas · 1958

12 more not listed; retrieve them via the Exa API.

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