67 Miss. 647 | Miss. | 1890
delivered the opinion of the court.
This suit was brought for the recovery of the statutory penalty of fifty dollars a day, prescribed in the act of March 11, 1884, and the amendatory act of March 14, 1888, “for the regulation of freight and passenger rates on railroads, and for the creation of a commission to supervise the same, and for other purposes,” by reason of the neglect of the appellee to erect a new freight and passenger depot at Lake station, within ninety days from the 4th day of June, 1889, in pursuance of an order to that effect made by the railroad commission on the day named. To the declaration the defendant corporation demurred, alleging among other grounds, that the order of the commission directed a new depot built, but failed to prescribe the number and dimensions of the rooms therein for passengers, as prescribed in the 2d section of the amendatory act. This demurrer was sustained by the court below, and the state prosecutes this appeal from that judgment.
This is not a case where- the railroad commission -is authorized, under the original act, to “ see that at least one comfortable and suitable reception room is provided at each depot for the use of persons desiring and awaiting transportation.” Neither is it • the case provided for in the amendatory act under that provision which gives the commissioners “ authority to require such additions or alterations in passenger depots, or station-houses, as may be necessary in their judgment to secure ample, comfortable, and suitable accommodations for. all passengers.” That there is much plausibility in the suggestion that a new depot might, in effect, be ordered built by a direction to erect one or more comfortable and suitable reception rooms, and to make certain additions and alterations to Lake station-house, may be granted. But, as the. statute we are considering is highly penal in its character, it will require a construction of the law which will rise above the region of plausibility to meet the requirements of the case. Plainly, this was an order for the erection of a new depot building. Not to put the railroad company at perilous disadvantage, — the costly disadvantage, it might turn out, of erecting a new depot which the commissioners might deem not suitable and comfortable, — the statute makes it the duty of the commissioners to prescribe the number and dimensions of the rooms therein for passengers, leaving it optional with the commissioners to order separate rooms for sexes and races. The obvious and reasonable construction of the statute shuts us up to
The order of the commissioners wholly failed to comply with this plain, just and reasonable requirement,’ and the demurrer was to this extent, therefore, well taken.
Affirmed.