Kansas City Southern Railway Co. v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; I. S. Maples, Judge; The statute under which appellant is indicted is void because in conflict with the act of Congress of June 29, 1906. The act attempts to regulate interstate commerce, and is void. The indictment charges more than one offense; the demurrer should, 'therefore, have been sustained. 45 Ark. 62. But, even if the act is valid', the indictment is insufficient, because it fails to negative the exceptions in the act.
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Appeal from Benton Circuit Court; I. S. Maples, Judge; The statute under which appellant is indicted is void because in conflict with the act of Congress of June 29, 1906. The act attempts to regulate interstate commerce, and is void. The indictment charges more than one offense; the demurrer should, 'therefore, have been sustained. 45 Ark. 62. But, even if the act is valid', the indictment is insufficient, because it fails to negative the exceptions in the act. Verdict should have been directed for appellant, for the reason that the State failed to prove the allegations in the indictment.…
1Opinion of the CourtFrauenthal, J.
The defendant, a railroad company, was in dieted by the grand jury of Benton County and charged with violating the provisions of section 12 of an act of the General Assembly of Arkansas, entitled “An act to prevent the introduction and spread of contagious and infectious diseases in Arkansas,” approved May 28, 1907. Acts of 1907, p. 1043. The indictment is as follows:
“The grand jury of Benton County, in the name and by the authority of the State of Arkansas, accuse the Kansas City Southern Railroad Company of the crime of transporting and unloading cattle above the quarantine line in the…
2Cases cited19 opinions
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