Missouri & North Arkansas Railroad v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. The act of April 13, 1905, is unconstitutional, as being contrary to section 1, art. 14, of amendments to the Constitution of -the United States. 47 Ark. 330; 61 Kans. 146; 125 U. S. 181; 115 Mo. 307; 2 Yerger 260-270; 134 U. S. 232-7; Cooley’s Principles of Const. Law, 251; 183 U. S. 79; Cooley’s Const. Lim.
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Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. The act of April 13, 1905, is unconstitutional, as being contrary to section 1, art. 14, of amendments to the Constitution of -the United States. 47 Ark. 330; 61 Kans. 146; 125 U. S. 181; 115 Mo. 307; 2 Yerger 260-270; 134 U. S. 232-7; Cooley’s Principles of Const. Law, 251; 183 U. S. 79; Cooley’s Const. Lim. (5 Ed.) 484-6; 118 U. S. 356-369-70. 2. The indictment and information are for failure to keep the fence in repair and not for failure to build, and neither should have been sustained. 1. It is conceded that statutes compelling…
1Opinion of the CourtMcCulloch, C. J.
The Missouri & North Arkansas Railroad Company appeals from judgments of the circuit court of Bóone County in two cases, assessing penalties against it for alleged violations of a statute enacted by the Legislature in 1905 requiring the St. Louis & North Arkansas Railway Company to fence its right of way in the counties of Carroll, Boone and Searcy, in this State. The appellant is a railroad corporation, and succeeded to all the rights, franchises and property of said St. Louis & North Arkansas Railway Company by purchase from a commissioner of the United States Circuit Court in a mortgage…
2Cases cited10 opinions
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- Waterman v. HawkinsSupreme Court of Arkansas · 1905
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