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MISSOURI PACIFIC RY. v. NEBRASKA

Nos. 127, 128.

217 U.S. 196 (1910)

MISSOURI PACIFIC RAILWAY COMPANY v. STATE OF NEBRASKA. SAME v. SAME EX REL. FARMERS' ELEVATOR COMPANY.

Supreme Court of United States.

Decided April 4, 1910.

Attorney(s) appearing for the Case

Mr. Balie P. Waggener, with whom Mr. James W. Orr was on the brief, for plaintiff in error.

Mr. R.C. James, Mr. William P. Thompson and Mr. Norris Brown, with whom Mr. C. Gillespie was on the brief, for defendants in error.

Mr. William P. Thompson for defendant in error in No. 127; Mr. R.C. James and Mr. Norris Brown, with whom Mr. C. Gillespie was on the brief, for defendant in error in No. 128.

Mr. William T. Thompson, Attorney General of the State of Nebraska, and Mr. Grant G. Martin for defendant in error, the State of Nebraska, submitted.

MR. JUSTICE HOLMES delivered the opinion of the court.

These are two suits arising under a Nebraska statute. The first is brought by the State to recover a fine of five hundred dollars imposed by the law for failure to obey its command; the second is brought at the relation of the party concerned to compel obedience to the same command by mandamus. The statute in question provides that "every railroad company or corporation...

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