Mobile, Jackson & Kansas City Railroad v. State

Citations

• 89 Miss. 724
• 41 So. 259

Syllabus

<p>1. Railroads. Consolidation. Consent of railroad oonvmission. Agreements.</p> <p>A railroad company, formed by the consolidation of older companies under authority of the railroad commission, is bound by obligations imposed by the commission as a condition of the consolidation of the constituent companies.</p> <p>2. Same. Charter provision. Waiver.</p> <p>Where two railroad companies obtained the consent of the railroad commission to consolidate on the faith of an agreement that the narrow-gauged track of one of them should be standardized and operated as a part of the main line,.the new company cannot upon a second appeal to the supreme court, in a ease enjoining the change of the course of the old narrow-gauged track, claim for the first time that its charter authorized the change.</p> <p>3. Constitutional Law. Constitution 1890, sec. 87. Special and local Acts.</p> <p>The legislature by a special act cannot relieve a railroad corporation of duty and obligations resting upon it under a general law, since Constitution 1890, see. 87, prohibits special acts for the benefit of individuals or corporations (a) in cases which can be provided for by general law, or (5) where the relief can be given by any court, or (c) in cases where a general law can be made applicable and would be more advantageous, and (d) forbids the suspension of general laws for their benefit.</p> <p>4. Same. Stegall hill. Laws 1906, ch. 143, p. 150.</p> <p>The Stegall bill, Laws 1906, ch. 143, p. 150, is unconstitutional and violative of Constitution 1890, sec. 87.</p>