Galveston, H. & S. A. Ry. Co. v. State

Court of Appeals of Texas

Galveston, H. & S. A. Ry. Co. v. State

175 S.W. 1096, 1914 Tex. App. LEXIS 1569

CourtCourt of Appeals of Texas

DecidedDecember 23, 1914

DocketNo. 5356.

StatusPublished

This text of 175 S.W. 1096 (Galveston, H. & S. A. Ry. Co. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Galveston, H. & S. A. Ry. Co. v. State, 175 S.W. 1096, 1914 Tex. App. LEXIS 1569 (Tex. Ct. App. 1914).

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Opinions

KEY, C. J.

In this case appellee, the state of Texas, recovered judgment for $1,000-against appellant railway company, and the latter has prosecuted an appeal. The suit is founded upon article 597 of the Revised Statutes of 1911, in which a penalty of $1,000, recoverable by the state, is prescribed for a violation of the act of the Thirty-First Legislature (chapter 89) known as the “Blacklisting Statute.” .In this court, as well as in the court below, appellant railway company vigorously assails the constitutionality of that statute; and, knowing that a case involving the same questions was pending in our Supreme Court, we have awaited the decision of that court. The case referred to is St. Louis Southwestern Railway Company of Texas v. Thos. A. Griffin, 171 S. W. 703, and was decided last week by the Supreme Court, which latter tribunal held that the statute referred to is unconstitutional and void. Following the decision in that case, it is ordered that this case be reversed and judgment here rendered for appellant.

Reversed and rendered.

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KEY, C. J.

In this case appellee, the state of Texas, recovered judgment for $1,000-against appellant railway company, and the latter has prosecuted an appeal. The suit is founded upon article 597 of the Revised Statutes of 1911, in which a penalty of $1,000, recoverable by the state, is prescribed for a violation of the act of the Thirty-First Legislature (chapter 89) known as the “Blacklisting Statute.” .In this court, as well as in the court below, appellant railway company vigorously assails the constitutionality of that statute; and, knowing that a case involving the same questions was pending in our Supreme Court, we have awaited the decision of that court. The case referred to is St. Louis Southwestern Railway Company of Texas v. Thos. A. Griffin, 171 S. W. 703, and was decided last week by the Supreme Court, which latter tribunal held that the statute referred to is unconstitutional and void. Following the decision in that case, it is ordered that this case be reversed and judgment here rendered for appellant.

Reversed and rendered.

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175 S.W. 1096, 1914 Tex. App. LEXIS 1569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galveston-h-s-a-ry-co-v-state-texapp-1914.

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