McCully v. Chicago, Burlington, & Quincy Railway Co.
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. Section 1085, Revised.Statutes 1899, upon which the suit is based, is unconstitutional and void.
Read the full summary
Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. Section 1085, Revised.Statutes 1899, upon which the suit is based, is unconstitutional and void. Railroad v. Campbell, 61 Kan. 439'; Railroad v. Smith, 173 U. S. 684; State v. Loomis, 115 Mo1. 307; State v. Julow, 129 Mo. 168. The State has power by legislation to fix maximum rates of charges for railroad companies for the transportation of persons and property, but such rates must be just and reasonable to the carrier and the public. The Legislature cannot, however, “enact a law making maximum rates, and then proceed ’ to make…
1Dissent
DISSENTING OPINION.
WOODSON, J.
— With due respect for the learned opinion of my associates handed down in this case, I am unable to concur therein for the following reasons:
I. It is disclosed by the petition in this case, and it is admitted by the demurrer filed herein, that the appellant is a foreign railroad corporation, and was on October 31st, 1901, duly licensed and authorized to do business in this State. The constitutionality of the Act of 1889 (Laws 1889, p. 63), commonly called the “Drover’s Pass Act,” now section 1085, Revised Stat*17utes 1899, is assailed because, as it is contended,…
2Cases cited42 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Munn v. IllinoisSupreme Court of the United States · 1877
- Smyth v. AmesSupreme Court of the United States · 1898
- Paul v. VirginiaSupreme Court of the United States · 1869
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
37 more not listed; retrieve them via the Exa API.