St. Louis, Iron Mountain & Southern Railway Co. v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. August 12, 1909, the grand jury of Marion County returned into court the following indictment against ■ the appellant, towit, (omitting caption) : “The grand jury of Marion County, in the name and by the authority of the State of Arkansas, accuse the St. Louis, Iron Mountain & Southern Railway Company of the crime of failing, refusing and neglecting to comply with a certain finding, decree and…
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. August 12, 1909, the grand jury of Marion County returned into court the following indictment against ■ the appellant, towit, (omitting caption) : “The grand jury of Marion County, in the name and by the authority of the State of Arkansas, accuse the St. Louis, Iron Mountain & Southern Railway Company of the crime of failing, refusing and neglecting to comply with a certain finding, decree and mandate of the Railroad Commission of Arkansas, requiring it to construct and connect with its main line of railway a…
1Opinion of the Court
Kirby, J.,
(.after stating the facts). The power of the Railroad Commission to make the order violated, and for a violation of which appellant was indicted, is challenged because the Legislature could not rightfully authorize the Commission to make it, and because the making of such order was an unreasonable and arbitrary exercise of it, if it had such power.
Amendment No. 4 to the Constitution authorizes the creation of the Railroad Commission, and is> not a limitation of the authority that may be vested in it for effecting all the purposes for which it was designed and established; and if it…
2Cases cited20 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Smith v. AlabamaSupreme Court of the United States · 1888
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Missouri, Kansas & Texas Railway Co. v. HaberSupreme Court of the United States · 1898
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3Cited by37 opinions
- Bush v. MartineauSupreme Court of Arkansas · 1927
- Wells v. PurcellSupreme Court of Arkansas · 1979
- Gipson v. IngramSupreme Court of Arkansas · 1949
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- Sims v. AhrensSupreme Court of Arkansas · 1925
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