Missouri Ry Co of Texas v. State of Texas
Citation | 62 L.Ed. 419,245 U.S. 484,38 S.Ct. 178 |
Decision Date | 14 January 1918 |
Docket Number | No. 113,113 |
Parties | MISSOURI, K. & T. RY. CO. OF TEXAS et al. v. STATE OF TEXAS |
Court | United States Supreme Court |
[Syllabus on page 484 intentionally omitted.]
Mr. Alexander H. McKnight, of Dallas, Tex., Mr. C. S. Burg and Mr. Joseph M. Bryson, both of St. Louis, Mo., and Mr. Alexander Britton and Mr. Evans Browne, both of Washington, D. C., for plaintiffs in error.
Mr. B. F. Looney and Mr. Luther Nickels, both of Austin, Tex., for the State of Texas.
[Argument of Counsel from pages 485-486 intentionally omitted] Mr. Justice HOLMES delivered the opinion of the Court.
This is a suit brought by the State of Texas to recover penalties for violation of an order of the State Railroad Commission. This order required passenger trains in Texas to start from their point of origin and from stations on the line in accordance with advertised schedule, allowing them not exceeding thirty minutes at origin or points of junction with other lines to make connection with trains on such other lines, and not exceeding ten minutes more if at the end of the thirty minutes the connecting trains were in sight. There were some other qualifications not necessary to be stated. The defendant's passenger trains concerned were numbers 9 and 209, and were parts of a train, also numbered 9, of the Missouri, Kansas & Texas Railway, a different corporation, taken charge of by the defendant at Denison, Texas, about five miles south of the Texas and Oklahoma State line, under a contract with the Missouri, Kansas & Texas. In pursuance of this contract they were forwarded via Dallas and Fort Worth to Hillsboro, thence as one train to Granger and there again divided, the two parts going respectively to Galveston and San Antonio. There were similar arrangements for trains to the north. The cars received by the defendant came from St. Louis and Kansas City, Missouri, uniting at Parsons, Kansas, and thence proceeding south to Denison. The Court of Civil Appeals at first held that the movement must be regarded as a continuous one from Kansas City and St. Louis, and that the order did not apply to the train; but on a rehearing (167 S. W. 822) decided that as the defendant took control at Denison with new crews and engines, and as the defendant could not go beyond the State line, the movement so far as the defendant was concerned was wholly within the State. Breaches of the order having been proved, it affirmed a judgment imposing a fine. A writ of error was refused by the Supreme Court of the State.
The Supreme Court gave up the manifestly untenable ground taken by the Court of Civil Appeals and recognized that the defendant's trains were instruments of commerce among the States, but it construed the order as...
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