Chicago, Rock Island & Pacific Railway Co. v. McElroy
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; The act of March 11, 1899 (Kirby’s Dig., § 6787 et seq.) covers every feature of the act of 1887 (Kirby’s Dig., § § 6611-12-13-14-15 and 6620). The two acts are wholly inconsistent, and cannot stand together. The later act repeals the earlier.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; The act of March 11, 1899 (Kirby’s Dig., § 6787 et seq.) covers every feature of the act of 1887 (Kirby’s Dig., § § 6611-12-13-14-15 and 6620). The two acts are wholly inconsistent, and cannot stand together. The later act repeals the earlier. Art. XVII, § 10, Const, as amended; Acts 1899, § § 1 to 8, 9, 11, 14, 18, 31; 60 Ark. 221; 82 Ark. 302; 88 Ark. 324. The use of the word “remedies” in that part of the act providing that they shall be regarded as cumulative does not include penalties as distinguished from remedies. Kirby’s Dig., §…
1Opinion of the CourtMcCulloch, C. J.
The General Assembly of 1887 passed an act which fixed a maximum rate of three cents per mile on all lines over 75 miles in length for transportation of .passengers by railroads in this State, and which prescribed against such carriers charging or receiving a greater rate a penalty of not less than $50 nor more than $300, to 'be recovered in a suit at law by the person aggrieved — which of course means the passenger who is compelled to pay the overcharge.
In 1899 the General Assembly passed the act creating the Railroad Commission and prescribing its powers and duties, among other things…
2Cases cited3 opinions
- Coats v. HillSupreme Court of Arkansas · 1883
- Clark v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1908
- Jonesboro, Lake City & Eastern Railroad v. BrookfieldSupreme Court of Arkansas · 1908
3Cited by16 opinions
- Babb v. El DoradoSupreme Court of Arkansas · 1926
- State ex rel. Esgar v. District CourtMontana Supreme Court · 1919
- Anthony v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
- State v. WhiteSupreme Court of Arkansas · 1926
- Vick Consolidated School District No. 21 v. NewSupreme Court of Arkansas · 1945
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