Opinion
No. 1674.
Decided March 20, 1907.
Constitutional Law — Statute — Case Followed.
The ruling in Missouri, K. T. Ry. Co. of Texas v. State, ante, followed, and held to control this case.
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Raines County.
The State, by its county attorney, sued the railway company to recover penalties under the Act of April 17, 1905 (chap. 133, Laws 28th Leg.). The defendant appealed from a judgment recovering penalties, and, on affirmance of that judgment, obtained writ of error.
T.S. Miller and Perkins Craddock, for plaintiff in error.
A.R. Cornelius and Jones Connor, for defendant in error.
The opinion this day filed in cause No. 1675, Missouri, Kansas Texas Railway Company of Texas v. State of Texas, applies alike to this case. For the reasons given in that opinion the judgments of the District Court and of the Court of Civil Appeals are reversed, and the cause is dismissed.
Reversed and Dismissed.