State v. Missouri Pac. Ry. Co.

• Decision Date: 09 February 1912
• Citation: 240 Mo. 35,144 S.W. 1088
• Parties: STATE ex rel. MAJOR, Atty. Gen., v. MISSOURI PAC. RY. CO. et al.
• Court: Missouri Supreme Court

144 S.W. 1088

240 Mo. 35

STATE ex rel. MAJOR, Atty. Gen., v. MISSOURI PAC. RY. CO. et al.

Supreme Court of Missouri.

February 9, 1912.

1. PENALTIES (§ 32)—STATUTORY PENALTIES —ACTIONS—PETITION.

A petition to recover a penalty, though insufficient under the statute imposing the penalty, may be sufficient to authorize a recovery at common law.

2. QUO WARRANTO (§ 48) — INFORMATION — DEMURRER.

Notwithstanding the prayer of an information in quo warranto, where a cause of action is stated under any statute or under the common law, it is good as against a demurrer.

3. QUO WARRANTO (§ 47) — REVOCATION OF CORPORATE FRANCHISES OR LICENSES — PLEADINGS.

The pleadings in quo warranto to revoke the franchises of corporations licensed to prosecute business in the state must conform to the general Code of Civil Procedure.

4. QUO WARRANTO (§ 48) — REVOCATION OF CORPORATE FRANCHISES OR LICENSES — PLEADINGS.

Under Rev. St. 1909, §§ 1794 and 10,310, requiring petitions to contain a plain statement of the facts constituting a cause of action, and providing that in a suit against one becoming a member of a trust the petition need not allege the manner in which or when or where the trust was effected, an information in quo warranto, which alleges that domestic and foreign railroad corporations transacting business in the state made an agreement to destroy free competition in the transportation of passengers and freight, that by the agreement they fixed the rates of fare, and that the agreement is an illegal usurpation and an abuse or perversion of corporate power, but which does not allege any of the rates agreed on or the length of time which the rates if fixed shall continue, and which fails to set out the substance of the agreement entered into, is demurrable, since every traffic agreement is not contrary to public policy as disclosed by sections 3083 and 3084, requiring railroads to furnish the railroad commissioners copies of contracts, etc., and since sections 10,329-10,331 empower the Attorney General to take testimony to ascertain whether any corporation has exceeded its corporate powers or entered into a trust, though section 1831 requires the court to liberally construe pleadings to promote substantial justice.

5. INDICTMENT AND INFORMATION (§ 71) — REQUISITES.

Informations charging conspiracies, frauds, and similar offenses must present the issues in a clear, definite, and concise manner, so that the court may exclude irrelevant testimony.

6. COURTS (§ 92)—CONTROLLING DECISIONS.

The reasons of an appellate court in deciding a case are not precedents in other cases, in which a different state of facts is at issue.

In Banc. Quo warranto by the State, on relation of E. W. Major, Attorney General, against the Missouri Pacific Railway Company and others. Demurrers to information sustained.

The Attorney General, in pro. per. E. L. Scarritt, Geo. P. Jackson, O. M. Spencer, Frank Hagerman, John Lucas, J. G. Trimble, S. W. Moore, R. A. Brown, S. H. West, W. F. Evans, J. L. Minnis, M. L. Clardy, Gardiner Lathrop, and Robert Dunlap, for respondents.

BROWN, J.

Information in the nature of quo warranto filed in this court on May 4, 1909, whereby the state of Missouri seeks to revoke the franchises heretofore granted by it to 16 railroad companies, on the alleged grounds that said railroad companies have abused and perverted their corporate powers, or to impose a fine on said respondents in lieu of said revocation.

After reciting that seven of the respondent railroad companies were chartered by the state of Missouri and the remaining nine duly licensed to transact business in this state as foreign corporations, the information charges: "That respondents have formed and entered into an unlawful agreement, confederation, combination, and conspiracy, wherein and whereby they have agreed, confederated, combined, and conspired among themselves and with each other to fix, regulate, and maintain passenger rates within this state, and to determine, regulate, and fix the rates to be charged by the several competing lines for the transportation of passengers between the various cities, towns, points, centers, and communities located in this state, and on and along the lines of railway owned and operated by respondents, and for the unlawful purpose of limiting and destroying competition in the transportation of passengers over their several lines in this state, and for the unlawful purpose of depriving the public and people of this state of the benefits of full and wholesome competition, and for the unlawful purpose of destroying, limiting, and restraining open and independent action on the part of each of the respondents in the matter of passenger rates to be charged the people of this state. That by means of the said unlawful agreement, confederation, combination, and conspiracy, the trade, traffic, and commerce in this state has been hindered, injured, and retarded, and that full and free competition in the transportation of passengers and the traveling public in this state has been limited and restrained, to the great damage and detriment of the public. That by reason of the acts and things done by respondents, as hereinabove set out, said respondents have been guilty of a willful, wrongful, illegal, and malicious perversion and abuse of the franchises, licenses, and authority severally granted to them by the state of Missouri, and of illegal and unlawful usurpations of privileges, franchises, and powers not granted them, all of which is to the great detriment of the public and in violation of the laws and Constitution of the state of Missouri. That respondents have formed and created, entered into, and become members of, and participated in, an unlawful agreement, combination, confederation, understanding, and conspiracy wherein and whereby they have agreed, confederated, combined, and conspired among themselves and with each other to fix, regulate, and maintain freight rates within this state, and to determine, regulate, and fix the rates to be charged by said several competing lines for the transportation of products, commodities, articles, and other freight between the various cities, towns, points, centers, and communities located on and along their said lines in this state, and with a view and for the unlawful purpose of limiting, lessening, and destroying full and free competition in the transportation of products, commodities, articles, and other freight over and along their several lines in this state, and with a view and for the unlawful purpose of depriving the people of this state of the benefits of full, free, and wholesome competition in such transportation, and with a view and for the unlawful purpose of destroying, restricting, and limiting free, open, and independent action on the part of each of the respondents in the matter of freight rates to be charged the people of this state. That said respondents by means of said unlawful agreement, confederation, combination, and conspiracy have fixed, determined, and regulated the rates now charged and the rates to be charged hereafter for the transportation of products, commodities, articles, and other freight over and along their several lines in this state, and are now unlawfully maintaining the rates so fixed and determined by the unlawful means aforesaid, and have limited and lessened and are now restraining full and free competition in the transportation of products, commodities, articles, and other freight, and are hindering, injuring, and retarding the trade, traffic, and commerce in this state, to the great damage and detriment of the people. That by reason of the acts and things done by respondents, as hereinabove set out, said respondents have been guilty of a willful, wrongful, illegal, and malicious perversion and abuse of the franchises, licenses, and authority severally granted to them by the state of Missouri, and of illegal and unlawful usurpations of privileges, franchises, and powers not granted them, all of which is to the great detriment of the public, and in violation of the laws and Constitution of Missouri." Concluding with the prayer: "That respondent corporations, each and all of them, severally, be excluded from all corporate rights, privileges, and franchises enjoyed or exercised by them under the laws of the state of Missouri, and that their rights, authority, licenses, franchises, and certificates to do business in the state of Missouri be declared forfeited, or in lieu thereof a fine be imposed upon them in punishment of the offense, as above set out."

To the foregoing information respondents filed separate demurrers, the substance of which is covered by one which reads as follows: "The information does not state facts sufficient to constitute a cause of action against this respondent. An agreement between railroad companies, such as is charged in the information, is not an unlawful agreement. The information does not state facts which show that respondent has committed any acts which are not authorized by its charter, or that it has violated the Constitution, the laws, or the public policy of the state of Missouri, but such information affirmatively shows that respondent has exercised only such powers as it might lawfully exercise under the laws of this state. The information shows on its face that respondent has not been guilty of any abuse, misuse, or perversion of its franchises granted to it by the state of Missouri, or of any illegal or unlawful usurpations of privileges, franchises, and powers granted it."

It will be observed that the alleged wrongful acts of respondents are charged to be "in violation of the laws and Constitution of Missouri"; but the learned Attorney General contends that, if the information states a cause of action against the respondents under either the Constitution, statutes, or common law in force in this state, the demurrers must be overruled. In this contention he is correct. A petition to...