State v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — lion. N. M. Bradley, Judge. (1) Acts of the Legislature are to he presumed constitutional until the contrary is clearly shown; and it is only when they manifestly infringe on some provision of the Constitution that they can he declared void for that reason. In case of doubt, every possible presumption not directly and clearly inconsistent with the language and subject-matter is to be made in favor of the constitutionality of the act.
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Appeal from Johnson Circuit Court. — lion. N. M. Bradley, Judge. (1) Acts of the Legislature are to he presumed constitutional until the contrary is clearly shown; and it is only when they manifestly infringe on some provision of the Constitution that they can he declared void for that reason. In case of doubt, every possible presumption not directly and clearly inconsistent with the language and subject-matter is to be made in favor of the constitutionality of the act. State ex rel. v. Railroad, 48 Mo. 471; State ex rel. v. Yancey, 123 Mo. 391; State v. Cantwell, 179 Mo. 261; State ex rel.…
1Opinion of the CourtLamm, J.
— The State of Missouri appeals from a judgment nisi quashing an indictment against defendant for violating one of the labor laws of the State. To grasp the scope of indictment and laws (and criticisms leveled at both), it will be useful to make the following
STATEMENT OP THE CASE.
At the October term, 1907, of the Johnson County Circuit Court there was presented the following indictment (omitting caption):
“The grand jurors of the State of Missouri duly empaneled, sworn and charged diligently to inquire within and for the body of the county of Johnson in the State of Missouri, upon their oaths,…
Also in this document: Concurrence.
2Cases cited8 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Smith v. AlabamaSupreme Court of the United States · 1888
- The Employers'liability CasesSupreme Court of the United States · 1908
- Railroad Co. v. HusenSupreme Court of the United States · 1878
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3Cited by27 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- State v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Simpson v. SpellmanMissouri Court of Appeals · 1975
22 more not listed; retrieve them via the Exa API.