Edward Douglass White

“ The commission found that the railway company was short in the delivery of cars, as alleged, and that its failures in that respect not only violated order No. 305, previously referred to, but also § 10 of an act of March 11, 1899, embodied in Kirby's Digest as § 6803. It also declared that by these violations of the statute and rule of the commission the railway company had become subject to penalties in favor of the state of Arkansas, as provided in § 18 of the act of 1899, being § 6813 of Kirby's Digest, which penalties were to be enforced as therein provided. ”

“ Elliott says that such associations formed for the purpose of making and enforcing reasonable regulations to facilitate business and secure the prompt loading, unloading, and return of cars, cannot be held illegal, upon the ground that the constituent companies, by becoming members, surrender their corporate functions and control to the association. ”

“ Or, when the shipper making such application specifies a future day on which he desires to make a shipment, giving not less than five days' notice thereof, computing from 7 o'clock A. M. the day following such application, the railroad company shall furnish such car or cars on the day specified in the application.
When freight in car loads or less is tendered to a railroad company, and correct shipping instructions given, the railroad agent must immediately receive the same for shipment, and issue bills of lading therefor ”

“ Conformably to the section in question, the prosecuting attorney for the proper county commenced this action in the mane of the state against the railway company, to recover penalties to the amount of $1,950. ”