St. Louis & S. F. R. Co. v. Allen
U.S. Circuit Court for the District of Western Arkansas
In Equity. Suit by the St. Louis & San Francisco Railroad Company against R. P. Allen and others, constituting the Arkansas Railroad Commission, and D. B. Horsley, prosecuting attorney for the Fourth judicial circuit of Arkansas. On demurrer to bill. The facts alleged in the bill are substantially as follows: The complainant is a corporation organized under the laws of the state of Missouri, and is a citizen of that state.
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In Equity. Suit by the St. Louis & San Francisco Railroad Company against R. P. Allen and others, constituting the Arkansas Railroad Commission, and D. B. Horsley, prosecuting attorney for the Fourth judicial circuit of Arkansas. On demurrer to bill. The facts alleged in the bill are substantially as follows: The complainant is a corporation organized under the laws of the state of Missouri, and is a citizen of that state. The defendants R. P. Allen and W. A. Falconer and J. W. Crockett, are citizens and residents of Arkansas, and constitute the Railroad Commission of the state of Arkansas.…
1Opinion of the CourtRogers, District Judge
(after stating the facts as above). This bill contemplates two purposes:(1) To enjoin the enforcement of rule 44 of the Arkansas Railroad Commission quoted above, as applied to interstate commerce.(3) To restrain defendants from prosecuting a certain penalty suit now pending in the circuit court of Washington county, Ark., against the complainants.
The case now pending in the circuit court of Washington county, Ark., yvas originally here on removal, and was remanded on the ground that, while civil in form, in its nature it is penal, and not therefore removable. See 173 Fed. 573, where the…
2Cases cited49 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Smyth v. AmesSupreme Court of the United States · 1898
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3Cited by1 opinion
- Van Camp Sea Food Co. v. Westgate Sea Products Co.Court of Appeals for the Ninth Circuit · 1928