State v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Hon. E. M. Hearing .Judge. (1) The penalty clause of Sec. 3158, R. S. 1909, is invalid, and there being no other provision of law attempting to inflict a penalty for the alleged violation of said. section, the present action must fail, as only a penalty is sought to be recovered herein.
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Appeal from Iron Circuit Court. — Hon. E. M. Hearing .Judge. (1) The penalty clause of Sec. 3158, R. S. 1909, is invalid, and there being no other provision of law attempting to inflict a penalty for the alleged violation of said. section, the present action must fail, as only a penalty is sought to be recovered herein. The Legislature is not bound to provide a penalty in cases of this character, but if it does attempt to do so, it must appear upon its face that said penalty is for the benefit of the school fund, or the matter will stand as though no penalty had been imposed. There is no…
1Opinion of the Court
OPINION.
I
BOND, J.
(After stating the facts as above). — In considering this case we shall confine our views to the claim that the penalty clause of the statute supra is void under the provisions of the Constitution giving the proceeds of fines to the school fund of the respective counties, since that question goes to the root of the right to recover in this action, which is only a suit for the penalty provided by the statute.
*650Power ofLegislature.
The power of the General Assembly to enact laws is subject in all matters to the limitations °f the Constitution of this State, whether they be…
2Cases cited1 opinion
- State v. NewellSupreme Court of Missouri · 1897
3Cited by7 opinions
- State Ex Rel. Connecticut Fire Insurance v. CoxSupreme Court of Missouri · 1924
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
- Vrooman v. City of St. LouisSupreme Court of Missouri · 1935
- State Ex Rel. Barrett v. Boeckler Lumber Co.Supreme Court of Missouri · 1924
- Shaffer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1923
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