Dow v. Beidelman
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. The act of March 30, 1887, is of no validity, because: 1. It is a confiscation of private property. Const., art. 2, sec. 22, art. 12, sec. 6; Const. U. S., 3th Amendment, and 14th Amendment. Under the guise of regulating, the Legislature cannot reduce the compensation of railroads to a point which would virtually amount to confiscation. 116 U. S., 331; 23 Fed. Rep., 329; Cooley Const.
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APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. The act of March 30, 1887, is of no validity, because: 1. It is a confiscation of private property. Const., art. 2, sec. 22, art. 12, sec. 6; Const. U. S., 3th Amendment, and 14th Amendment. Under the guise of regulating, the Legislature cannot reduce the compensation of railroads to a point which would virtually amount to confiscation. 116 U. S., 331; 23 Fed. Rep., 329; Cooley Const. Lim., 378; 21 Barb., 319; 2 Morawetz Corp., sec. 1073c; Black Const. Prohibitions, sec. 26; 118 U. S., 394- 2. The act is special legislation, and makes…
1Opinion of the CourtSmith, J.
The complaint alleged that the defendants were the legal owners and in possession of the Memphis & Little Rock Railroad, which is more than one hundred miles long; that on the 5th of May, 1887, the plaintiff had applied to the the ticket agent of defendants for a passenger ticket from Little Rock to Lonoke, and had tendered seventy cents in payment, the distance between the two stations being twenty-three miles; but the defendants had refused to carry for that sum, and had demanded and received from him one dollar and thirty cents for the service aforesaid. Wherefore the plaintiff claimed the…
2Cases cited3 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
3Cited by19 opinions
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- State v. HestonWest Virginia Supreme Court · 1952
- Consumers' League v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1912
- Railway Co. v. SmithSupreme Court of Arkansas · 1895
- United States v. KapsalisCourt of Appeals for the Seventh Circuit · 1954
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