Scott County Macadamizde Road Company v. State of Missouri Ex Rel Hines
Decision Date | 20 December 1909 |
Docket Number | No. 52,52 |
Citation | 215 U.S. 336,30 S.Ct. 110,54 L.Ed. 221 |
Parties | SCOTT COUNTY MACADAMIZDE ROAD COMPANY, Plff. in Err., v. STATE OF MISSOURI EX REL. T. D. HINES, Prosecuting Attorney of Cape Girardeau County |
Court | U.S. Supreme Court |
Messrs. Edward S. Robert, Douglas W. Robert, William L. Becktold, R. G. Ranney, and Giboney Houck for plaintiff in error.
[Argument of Counsel from pages 336-337 intentionally omitted] Messrs.
M. A. Dempsey, T. D. Hines, R. L. Wilson, and Harry Alexander for defendant in error.
[Argument of Counsel from pages 337-339 intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:
This is a suit brought in pursuance of a statute to enjoin the plaintiff in error from maintaining toll gates upon a road alleged to be a public highway. The defendant justifies under a charter granted by a special act of February 24, 1853, which contained the following section: Mo. Law 1853, pp. 337, 338. The defendant says that it has not received the cost of construction, and sets up the Constitution of the United States, art. 1, § 10, the 14th Amendment, and other less material clauses. The reply is that the right to take tolls expired on February 24, 1903, when the fifty years contemplated by the charter had elapsed. There was a trial and a judgment for the relator, which was affirmed by the supreme court of the state, and the case was brought here. 207 Mo. 54, 105 S. W. 752, 13 A. & E. Ann. Cas. 656.
The plaintiff in error contends that the privileges refered to in § 8 are but three; the life of the corporation brought into being by the charter, the exclusive right to maintain a toll road, granted by § 2, and the right to take higher tolls than those allowed to toll companies organized under a general act then in force; but that it cannot be deprived of its right to take tolls except by a purchase of the road at the actual cost of construction. It says that the provision for the right to purchase at the expiration of twenty years 'or at any time thereafter' imports that the right to make the road free, even after fifty years, can be gained only by purchase, and that the clause makes a contract and creates a right of property which it is beyond the power of the state to impair or take away. The supreme court of Missouri...
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