60 Kan. 248 | Kan. | 1899
The opinion of the court was delivered by
An information was filed in the distinct court of Russell county in which an attempt was
The court on motion quashed the information and discharged the defendant from custody. The state appeals, and the question presented is, Do the facts stated constitute a violation of the statute? It pro-' vides :
“Section 1. ' Whenever any railroad company or corporation doing business within the limits of this state shall receive and ship any live stock by the carload, said company, in consideration of the usual price paid for the shipment of said car, shall pass the shipper or his employee to and from the point designated in the contract or bill of lading, without further expense to the shipper in the way of fare : Provided, however, that in all cases where a shipper ships more than one car-load of stock at the same time the said railroad company shall be and is hereby required to pass free, as aforesaid, only one additional person, shipper or employee for every three car-loads shipped in addition to the first car-load.”
Assuming, but not deciding, that the law is valid as
That the shipment in question was interstate there can be no doubt, as it was expressly alleged to be from a place in Kansas to a place in Missouri. Although the destination of the cattle was in an adjoining state, the transaction is as clearly interstate commerce as if the destination was New York city. It was expressly averred that the shipment was made to Kansas City, Mo., and the alleged culpable act on which the penalty of the law is invoked is the refusal of the defendant to furnish transportation from a point in Missouri to a point in Kansas. As the shipment was clearly
The judgment of the district court will be affirmed.