
    State of Nebraska v. Fremont, Elkhorn & Missouri Valley Railroad Company.
    Filed November 21, 1900.
    No. 11,218.
    Stare Decisis: Constitutional Law: Enactment oe Statute: Constitution Mandatory: Title Part oe Act: Enrolled Bill Prima Pacie Evidence: Legislative Journal Controlling Evidence: Invalid Statute. Decision in State v. Burlington & M. R. R. Go., just decided, followed.
    Original action in the supreme court to recover penalties under section 9, article 8, chapter 72, of the Compiled Statutes, in the sum of $25,000. Submitted on demurrer to petition.
    
      Action dismissed.
    
    
      Constantine J. Smyth, Attorney General, for the state.
    
      Benjamin T. White and James B. Sheean, contra.
    
    
      Woolworth & McHugh, amici curice.
    
   Norval, C. J.

The same questions are involved in this case as in State v. Burlington & M. R. R. Co., 60 Nebr., just decided, and for the reason stated in the opinion filed in that case the demurrer to the petition herein is sustained, and the action

Dismissed.  