Any such person, persons, company or corporation operating any railroad, in whole or in part, within this state, whether as owner, lessee or receiver, who shall violate any of the provisions of sections 389.810 to 389.870 shall be liable to the state of Missouri in a penalty of not less than one hundred nor more than five hundred dollars for each offense, and such penalty shall be recovered and suit therefor shall be brought in the name of the state of Missouri, in any court of competent jurisdiction in any county in the state, into or through which such railway may run, by the attorney general, or under his direction, or by the prosecuting attorney of any county through or into or out of which trains may be operated by such railroad or by the circuit attorney in the city of St. Louis.
§ 389.860, RSMo