Davis v. Smith

• Decision Date: 14 November 1921
• Docket Number: 232
• Citation: 234 S.W. 484,150 Ark. 458
• Parties: DAVIS v. SMITH
• Court: Arkansas Supreme Court

234 S.W. 484

150 Ark. 458

DAVIS v. SMITH

No. 232

Supreme Court of Arkansas

November 14, 1921

Appeal from Saline Circuit Court; W. H. Evans, Judge; reversed.

Judgment reversed and cause dismissed.

Thomas S. Buzbee, H. T. Harrison and C. L. Johnson, for appellant.

1. At the time the overcharge complained of occurred, the railroad was being operated by the Director General of Railroads, the road having been placed under Federal control by proclamation of the President in the exercise of the war powers conferred upon him by act of Congress of August 29, 1916; and rates had been initiated pursuant to the Federal Control Act of March 21, 1918, § 10. There was therefore no violation of the State statute. 250 U.S. 135.

2. The Federal Control Act does not permit recovery of fines or penalties provided by State statutes from the Government. Missouri Pacific R. R. Co. v. Ault, 41 S. C. Rep. 593. § 887, C. & M. Digest, is a penalty statute. 114 Ark 517; 95 Id. 218; 95 Id. 211.

No brief for appellee.

OPINION

WOOD, J.

This is an action by the appellees against the appellant to recover the statutory penalty provided in section 887 Crawford & Moses' Digest, for an admitted overcharge of passenger fare paid by the appellees for the transportation of their minor child between Bauxite, Arkansas, and Benton Arkansas, on November 22, 1919. The Chicago, Rock Island & Pacific Railway Company's train on which the child was a passenger was at the time being operated by Walker D. Hines as Director General of Railroads under the proclamation of the President of the United States in exercise of the war powers conferred upon him by acts of Congress August 29, 1916, and March 21, 1918. Section 10 of the latter act provides: "That, during the period of Federal control, whenever in his opinion the public interest requires, the President may initiate rates, fares, charges, classifications, regulations, and practices by filing the same with the Interstate Commerce Commission, which said rates, fares, charges, classifications, regulations, and practices shall not be suspended by the commission pending final determination."

The justness and reasonableness of these fares initiated by order of the President were under the act subject to review by the Interstate Commerce Commission, such commission at the hearing to take into consideration the fact that the transportation systems were being operated under a unified and coordinated national control and the finding and certificate of the President and his recommendations concerning the expense of operation under Federal control. The passenger tariff in effect at the time of the overcharge was one promulgated by the government railroad administration and approved by the Interstate...