Louisville Nashville Railroad Company v. Kentucky

At the January term, 1895, of the Marion county circuit court of the state of Kentucky, an indictment was found against the Louisville & Nashville Railroad Company, a corporation of the state of Kentucky, for an alleged violation of § 218 of the Constitution of the state, and § 820 of the Kentucky Statutes, in charging more for the transportation of coal from Altamont, Kentucky, to Lebanon, Kentucky, than to Louisville and Elizabethtown, Kentucky, over railroads which the company were operating under its charter. The indictment alleged that it was filed upon the recommendation of the state railroad commission. The trial resulted in a judgment of conviction and a fine of $300, which, on appeal, was, on May 20, 1899, affirmed by the court of appeals. [21 Ky. L. Rep. 232, 51 S. W. 164, 1012.] From that judgment of the court of appeals a writ of error was allowed by the chief justice of that court on June 28, 1899, and the case was brought to this court.

Messrs. William Lindsay, Walker D. Hines, and H. W. Bruce for plaintiff in error.

Mr. H. W. Rives submitted the case for defendant in error.

Mr. Justice Shiras delivered the opinion of the court: