Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Arkansas

Supreme Court of the United States

Decided February 20, 1911No. 50PublishedCited by 108 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP ARKANSAS. The facts, which involve the constitutionality of a law of Arkansas relating to equipment of railway trains, are stated in the opinion. The full crew act of Arkansas is unconstitutional because it undertakes to regulate interstate commerce and is repugnant to § 8, Art. I of the Constitution of the United States.

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ERROR TO THE SUPREME COURT OP THE STATE OP ARKANSAS. The facts, which involve the constitutionality of a law of Arkansas relating to equipment of railway trains, are stated in the opinion. The full crew act of Arkansas is unconstitutional because it undertakes to regulate interstate commerce and is repugnant to § 8, Art. I of the Constitution of the United States. Sherlock v. Alling, 93 U. S. 102; Hall v. DeCuir, 95 U. S. 487; Railway Co. v. Husen, 95 U. S. 465; Gibbons v. Ogden, 9 Wheat. 1; Atl. Coast Line R. R. Co. v. Wharton, 207 U. S. 328; Act of February 4, 1887; Tex. & Pac. Ry. Co. v.…

1Opinion of the CourtJustice Haelan

Two actions were instituted by the State of Arkansas in one of its courts against the Chicago, Rock Island and Pacific Railway Company, a corporation of Illinois engaged in railroad business in several States. The company, it was agreed, entered Arkansas for purposes of railroad business, complying with all the conditions of the laws of that State authorizing foreign railroad corporations to do such business within its limits.

The complaint alleged that the defendant company on a named day and in violation of the law of Arkansas operated and ran in that State a freight train of more than…

2Cases cited10 opinions

  1. County of Mobile v. KimballSupreme Court of the United States · 1881
  2. Smith v. AlabamaSupreme Court of the United States · 1888
  3. SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
  4. Reid v. ColoradoSupreme Court of the United States · 1902
  5. Missouri, Kansas & Texas Railway Co. v. HaberSupreme Court of the United States · 1898

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3Cited by108 opinions

  1. Southern Pacific Co. v. Arizona Ex Rel. SullivanSupreme Court of the United States · 1945
  2. Savage v. JonesSupreme Court of the United States · 1912
  3. South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
  4. SC Hwy. Dept. v. Barnwell Bros.Supreme Court of the United States · 1938
  5. Wilson v. NewSupreme Court of the United States · 1917

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