St. Louis Southwestern Railway Co. v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; 1. The law of this case is settled in 85 Ark. 12. There was no public necessity for a station at Ogamaw, and the Legislature cannot arbitrarily and unreasonably require one constructed. 172 U. S. 269. 2. No notice was given of the special act as required by law. General laws of the State cannot be suspended by special acts. Const, art. 5, § 24; 36 Ark. 166; 84 N. E. 3; 4 Am.
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Appeal from Ouachita Circuit Court; George W. Hays, Judge; 1. The law of this case is settled in 85 Ark. 12. There was no public necessity for a station at Ogamaw, and the Legislature cannot arbitrarily and unreasonably require one constructed. 172 U. S. 269. 2. No notice was given of the special act as required by law. General laws of the State cannot be suspended by special acts. Const, art. 5, § 24; 36 Ark. 166; 84 N. E. 3; 4 Am. Rep. 576; 18 L. R. A. 95; 86 Miss. 72; 38 So. 732. 3. The act is in violation of the Fourteenth Amendment to the Constitution of the United States. 1. The State…
1Opinion of the CourtFrauenthar, J.
This is an appeal by the St. Louis Southwestern Railway Company, the defendant below, from a conviction upon an indictment charging it with unlawfully and wilfully failing and refusing to establish and keep open a depot at Ogamaw, in Ouachita County. The Legislature enacted a law, which was approved May 31, 1909, by which it was provided that the defendant should within 60 days after the passage of the act establish and keep open a depot at said Ogamaw, and that upon a refusal, failure or neglect so to do it should be guilty of a misdemeanor. (Acts 1909, p. 986.) The defendant having failed…
2Cases cited12 opinions
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- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Reid v. ColoradoSupreme Court of the United States · 1902
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
- Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad CommissionersSupreme Court of the United States · 1910
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3Cited by6 opinions
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- Tuggle v. TribbleSupreme Court of Arkansas · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. BellamySupreme Court of Arkansas · 1914
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