Missouri Pacific Railway Co. v. Board of Railroad Commissioners

Citations

• 85 Kan. 229
• 116 P. 896
• 1911 Kan. LEXIS 49

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Freight Terminals — Notice Required — Statutes Construed Together — Order Upheld. Chapter 268 of the Laws of 1907 (Gen. Stat. 1909, §§ 7170, 7182, 7183, 7185, 7186, 7188, 7196, 7217, 7218, 7226, 7228), concerning railroads and common carriers, and chapter 271 of the Laws of 1907 (Gen. Stat. 1909, §§ 7246-7252), requiring railroad companies to provide freight terminal points and facilities, should be construed together as if they constituted a single act; and the provision in chapter 268, requiring the board of railroad commissioners to give notice and a hearing to railroad companies before making an order against them, applies to the orders which the board may make in pursuance of chapter 271.</p> <p>2. -■ Statute Constitutional — Penalty for Failure to Obey Order of Commissioners. Chapter 271 of the Laws of 1907 is not unconstitutional because it fails to make provision for notice to railroad companies before an order is made requiring them to provide freight depots and freight terminal facilities nor because of the penalty imposed for a failure to obey an order of that kind.</p>