In re North Missouri R.R.
Citation | 51 Mo. 586 |
Parties | IN THE MATTER OF THE NORTH MISSOURI R. R. |
Decision Date | 28 February 1873 |
Court | United States State Supreme Court of Missouri |
The opinion was rendered in response to the following Senate Resolution:
Resolved by the Senate of the State of Missouri, that: Whereas, by the Constitution of the State of Missouri, article II, section 15, it is provided that the General Assembly shall have no power to release the lien held by the State upon any railroad.
And whereas, the General Assembly of the State of Missouri did by an act entitled an act to sell the claims of the State against the North Missouri Railroad Company and to amend the charter of said company, approved March 17th, 1868, assume in effect to release the greater part and portion of the State's lien upon the North Missouri Railroad.
And whereas, the General Assembly of the State of Missouri by an act entitled an act for the sale of the Pacific Railroad and to foreclose the State's lien thereon, and to amend the charter thereof, approved March 31st, 1868, did by the provisions of said act in effect release a large part and portion of the State's lien upon the Pacific Railroad. (of Mo.) And whereas said last mentioned road has since the passage of said act been in effect sold and conveyed to the Atlantic and Pacific Railroad by the terms of a lease for nine hundred and ninety-nine years. And whereas, grave doubts have arisen as to the constitutionality of said acts and of the validity of said lease. Therefore,
Be it resolved, That the Judges of the Supreme Court of the State of Missouri be required, under the provisions of the eleventh section of the sixth article of the Constitution of the State of Missouri, to give their opinions upon the questions of constitutional law, herein presented, with the request that such opinion be given at as early a day as possible. Be it further resolved, That the Secretary of the Senate forward to the Judges of the Supreme Court, now in session at St. Joseph, a copy of the resolutions without delay.
answer to the annexed resolutions of the Senate of the State of Missouri.
Conceding that the Senate has the right to determine for itself the occasion and the kind of questions which may be presented to the Judges of the Supreme Court for their opinion under the eleventh section of the sixth article of the Constitution, the Judges also have the same undoubted right to decide for themselves, whether the occasion and the questions are such as to authorize such opinion. With every disposition to comply with the request...
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