State v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Mandamus. (1) Section 8396, discriminating by one-balf in passenger fares in favor of tbe organized militia of the State, is arbitrary and capricious, and violates the express command of section 14 of article 12, Constitution of the State, which makes it the duty of the General Assembly to enact laws to prevent unjust discrimination in passenger tariffs on the different railroads of the State.
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Mandamus. (1) Section 8396, discriminating by one-balf in passenger fares in favor of tbe organized militia of the State, is arbitrary and capricious, and violates the express command of section 14 of article 12, Constitution of the State, which makes it the duty of the General Assembly to enact laws to prevent unjust discrimination in passenger tariffs on the different railroads of the State. For the same reasons, and on the further ground that said statute' seeks to deprive defendant of the equal protection of the law, and to take its property without due process of law for the benefit and…
1Opinion of the Court
FÁRIS, J.
Mandamus, brought originally in this court. Plaintiff, upon filing a petition containing apt allegations, procured the issuance by us of an alternative writ of mandamus, the pertinent part of which reiterated the allegations of the petition, and, omitting caption and formal parts, is as follows:
“Comes now the State of Missouri and represents and shows to the court that the Missouri, Kansas & Texas Railway Company is a corporation duly organized and existing according to law and owning and operating a line of railway from Jefferson City to Nevada, Missouri, wholly within this State.
“Yo…
2Cases cited33 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892
- American Sugar Refining Co. v. LouisianaSupreme Court of the United States · 1900
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3Cited by5 opinions
- State Ex Rel. Pugh v. Public Service CommissionSupreme Court of Missouri · 1928
- State ex rel. City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1931
- State v. St. Louis S. W. Ry. Co. of TexasCourt of Appeals of Texas · 1917
- Mississippi Railroad Commission v. Mobile & O. R.Mississippi Supreme Court · 1929
- State Ex Rel. City of St. Louis v. Publ. Serv. Comm.Supreme Court of Missouri · 1931