N. & W. R. R. v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Pulaski county, rendered March 25th, 1891, affirming judgment of county court of said county against the Eorfolk and Western railroad company for a misdemeanor. The indictment was for running a train of cars on a Sunday, contrary to the act of March 19th, 1884, now carried into section 3801 of the Code.
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Error to judgment of circuit court of Pulaski county, rendered March 25th, 1891, affirming judgment of county court of said county against the Eorfolk and Western railroad company for a misdemeanor. The indictment was for running a train of cars on a Sunday, contrary to the act of March 19th, 1884, now carried into section 3801 of the Code. That act forbids the running of trains between sunrise and sunset on a Sunday, except such as are used exclusively for the relief of ■wrecked or disabled trains; or for the transportation of the United States mails, passengers, live-stock, or articles of…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
The defendant’s contention on the merits in the trial court and here, is that the statute upon which the indictment was founded is, so far as it applies to a case like the present, repugnant to the Constitution of the United States, which gives to Congress the power to regulate commerce among the several states. The precise propositions contended for on this *97point, are — (1) That the act of transportation mentioned, in the proceedings was commerce between the states; (2) that such commerce is, as to all matters that admit,…
2Cases cited15 opinions
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