Louisiana & Northwest Railroad v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Minor Wallace, Special Judge. STATEMENT BY THE COURT. This suit was brought under sections 6749-6751, Kirby’s Digest, which in original form was as follows: “Be it enacted by the General Assembly of the State of Arkansas: “Section 1. The franchise and all charter rights whatsoever of any railroad company in and to all railroad, roadbed, bridge, depot, or other railroad property, as well as the possession of and right to operate same,…
Read the full summary
Appeal from Columbia Circuit Court. Minor Wallace, Special Judge. STATEMENT BY THE COURT. This suit was brought under sections 6749-6751, Kirby’s Digest, which in original form was as follows: “Be it enacted by the General Assembly of the State of Arkansas: “Section 1. The franchise and all charter rights whatsoever of any railroad company in and to all railroad, roadbed, bridge, depot, or other railroad property, as well as the possession of and right to operate same, which' may have been acquired by such railroad under and by virtue of any lease, shall be forfeited, and such railroad…
1Opinion of the Court
Hile, C. J.,
(after stating the facts.) 1. It is insisted that the State has not the power to provide for the forfeiture of a lease made by a foreign corporation, and that the terms of the act providing for a forfeiture, under the conditions stated, of ”vthe franchise and charter rights” cannot be held applicable to a foreign corporation operating in this State under lease.
A foreign railroad corporation can only lease and operate m this State by virtue of express statutes permitting it to do so, and the right to enter the State is conferred for the welfare of the State; and when that right is…
2Cases cited15 opinions
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Wheat v. SmithSupreme Court of Arkansas · 1887
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- State v. JohnsonSupreme Court of Arkansas · 1870
- Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. SengstackenOregon Supreme Court · 1912
- Hopper v. GarnerSupreme Court of Arkansas · 1997
- Southwestern Gas & Electric Co. v. Patterson Orchard Co.Supreme Court of Arkansas · 1929
- Borschow v. WilsonCourt of Appeals of Texas · 1916