COTTING v. KANSAS CITY S. Y. CO. 183 U. S. 79-115

pay license of six thousand dollars per year is void; Detroit etc. Ry. Co. v. Fuller, 205 Fed. 89, complainant being only specially chartered railroad in Michigan, act of 1911 imposing tax on stocks, bonds and other evidences of indebtedness of specially chartered railroads is invalid as class legislation; Northern Pac. Ry. Co. v. Lee, 199 Fed. 628, 630, in suit by railroad to enjoin enforcement of order of commission establishing intrastate rates on certain classes of freights, railroad must allege facts to show whether particular rates are reasonable; Montana etc. R. Co. v. Morley, 198 Fed. 1009, holding intrastate coal rate of thirty-five cents per ton established by Montana commission for transportation of coal from points on line of Montana, Wyoming and Southern Railroad and destined to points beyond its line, was unreasonable and confiscatory; Louisville etc. R. Co. v. Railroad Commission, 196 Fed. 818, 821, and Western Ry. of Alabama v. Railroad Commission, 197 Fed. 973, 974, both holding act of Alabama of 1907 dividing railroads of State into four classes and prescribing maximum intrastate freight rates for each class on certain commodities is void because of arbitrary classification and confiscatory rates; Southern Pac. Co. v. Railroad Commission of California, 193 Fed. 710, reduction of freight rates between two points as to complainant without reducing rates of competing line is not denial of equal protection of law in absence of showing respective investments of two lines; Louisville etc. R. Co. v. Siler, 186 Fed. 190, denying injunction to restrain railroad commission of Kentucky from enforcing order establishing lower rates on certain commodities between points named within State; The Michigan Telephone Tax Cases, 185 Fed. 638, act of Michigan of 1905 taxing property of telephone and telegraph companies on ad valorem basis is not discriminatory because companies having gross receipts of less than five hundred dollars are exempted; Chicago etc. Ry. Co. v. Westby, 178 Fed. 625, 628, 47 L. R. A. (N. S.) 483, 102 C. C. A. 65, South Dakota Employers' Liability Act of 1907 abolishing defenses of "fellow-servant" and contributory negligence as to carriers within State, not limited to carriers using steam or other powerful agency is void; Larabee v. Dolley, 175 Fed. 397, bank guaranty law of Kansas of 1909 establishing fund to protect depositors in State banks is void as denying equal protection of law to national banks in Kansas; St. Louis etc. R. Co. v, Hadley, 168 Fed. 359, penalty provisions of Missouri two-cent passenger fare statute of 1907 and of freight rate statute of 1907 are void as imposing excessive penalties, but such provisions being separable, invalidity does not render other provisions invalid; Spring Valley Water Co. v. San Francisco, 165 Fed. 679, granting preliminary injunction to restrain enforcement of ordinance of 1908, upon showing that rates are probably confiscatory, but impounding amount collected in excess of rate to await final order of court; United States v. New York etc. R. Co., 165 Fed. 746, upholding act of Congress of 1903 giving precedence to equity suit in Federal court to protect trade and commerce against unlawful restraints and monopolies; Central of Georgia Ry Co. v. Railroad Commission, 161 Fed. 979, act of Alabama of 1907

fixing maximum intrastate passenger and freight rates, and providing such heavy penalties as to bankrupt company not complying is void; Consolidated Gas Co. v. New York, 157 Fed. 881, law of New York of 1905 regulating charges for and pressure of gas, and providing penalty of one thousand dollars for each violation, is void; Ex parte Wood, 155 Fed. 197, act of North Carolina of 1907 prescribing maximum intrastate passenger rates and imposing penalty of five hundred dollars for each violation is void as subjecting carrier to excessive penalties; United States v. Adair, 152 Fed. 758, act of Congress of 1898 regulating relations between interstate carriers and employees is not void as penalizing interstate carrier for discharging employee because of his membership in labor organization; Consolidated Gas Co. v. Mayer, 146 Fed. 154, holding void Laws 1905, c. 737 § 21, p. 2100, providing forfeiture for demand of rate higher than that fixed by commission when taken in connection with Laws 1906, c. 125, reducing rate; Union Co. Nat. Bank v. Ozan Lumber Co., 127 Fed. 212, holding void, Arkansas act of April 23, 1891, requiring all negotiable instruments in payment of patent right or thing except those of dealers therein to follow printed form; August Busch & Co. v. Webb, 122 Fed. 667, holding unconstitutional, article 3385, Tex. Rev. Stats. 1895, providing that physicians who do not follow practice of medicine cannot prescribe liquor as medicine; Southern Ry. Co. v. Greene, 160 Ala. 415, 49 South. 410, upholding act of 1907 imposing annual franchise tax on foreign corporations alone; Missouri etc. R. Co. v. State, 92 Ark. 4, 135 Am. St. Rep. 164, 31 L. R. A. (N. S.) 861, 121 S. W. 931, upholding act of 1905 requiring certain railroad to fence right of way in certain counties; Kindel v. Colorado etc. Ry. Co., 57 Colo. 12, 139 Pac. 1109, in action to recover difference between freight charges and reasonable rate, evidence of customary rate for transporting same commodity like distance is admissible, subject to right of carrier to show dissimilarity in conditions; Consumers' League v. Colorado etc. Ry Co., 53 Colo. 66, Ann. Cas. 1914A, 1158, 125 Pac. 581, upholding act of 1907 regulating common carrier and exempting mountain roads less than twenty miles in length engaged principally in hauling mineral; Richey v. Cleveland etc. R. Co., 176 Ind. 555, 47 L. R. A. (N. S.) 121, 96 N. E. 698, injury to railway section-man caused by foreman suddenly stopping handcar on which they were riding does not arise in operation of railroad trains within meaning of Employers' Liability Act of 1908; Board of Commrs. v. Johnson, 173 Ind. 85, 88, 89 N. E. 594, upholding act of 1903, section 27, authorizing unincorporated banks to deduct deposits from moneys, credits, and other assets other than real estate, while individuals could only deduct indebtedness from credits proper, and incorporated banks were permitted to deduct assessed value of real estate, tangible property and indebtedness in fixing value of shares taxed to owners; Bedford Quarries Co. v. Bough, 168 Ind. 675, 685, 14 L. R. A. (N. S.) 418, 80 N. E. 530, 533, act of 1901 imposing on railroad or other corporation, except municipal, liability for injuries resulting from negligence of


COTTING v. KANSAS CITY S. Y. CO. 183 U. S. 79–115

person to whose orders injured employee was bound to conform, is void in so far as it applies to other corporations than railroad; McKinster v. Sager, 163 Ind. 681, 685, 106 Am. St. Rep. 268, 68 L. R. A. 273, 72 N. E. 858, 859, holding void act of March 9, 1903, making sale of goods other than in course of business void as to claim arising from sale of such stock; Sellers v. Hayes, 163 Ind. 436, 72 N. E. 124, holding void Act of 1901, c. 118, p. 505, declaring sale of stock other than in course of business void as against claim arising from sale of such stock; Ratcliff v. Wichita Union Stockyards Co., 74 Kan. 12, 13, 118 Am. St. Rep. 298, 10 Ann. Cas. 1016, 6 L. R. A. (N. S.) 834, 86 Pac. 154, upholding law of 1903 regulating charges of stockyards; State v. Mitchell, 97 Me. 72, 73, 94 Am. St. Rep. 484, 53 Atl. 889, holding invalid Hawkers and Peddlers Act of 1901, exempting from license fee those who own and pay taxes on stock in trade to amount of twentyfive dollars; State v. Farmers' etc. Savings Bank, 114 Minn. 112, 130 N. W. 449, upholding law of 1907 requiring savings banks to pay registry mortgage tax upon mortgages owned by them without exempting such mortgages from taxation otherwise; McGrew v. Missouri Pac. Ry. Co., 230 Mo. 531, 132 S. W. 1086, provision of Constitution of 1875 directing legislature to prohibit unjust discriminations was not implied limitation on power to prohibit discriminations generally, and shorthaul provision of act of 1872 was not rendered invalid by Constitution of 1872; Public Service Gas Co. v. Board of Public Utility Commrs., 84 N. J. L. 472, 87 Atl. 655, upholding order of commission fixing gas rate in territory supplied from Paterson gas plant at ninety cents per thousand feet; People v. C. Klinck Packing Co., 214 N. Y. 138, Ann. Cas. 1916D, 1051, 108 N. E. 283, upholding law of 1914 giving laborers in factories and mercantile establishments one day of rest in seven, exempting dairies and creameries from its provisions; People v. Mensching, 187 N. Y. 19, 22, 10 Ann. Cas. 101, 10 L. R. A. (N. S.) 625, 79 N. E. 886, 888, law of 1906 imposing tax on transfers of stock of domestic and foreign corporation of two cent "on each share of one hundred dollars of face value or fraction thereof," measures tax by number of shares, regardless of value, and is void; People v. Orange Co. Road Cons. Co., 175 N. Y. 89, 67 N. E. 130, holding unconstitutional Penal Code, § 384h, prohibiting any person or corporation contracting with State from requiring over eight hours' labor per day; Matter of Pell, 171 N. Y. 58, 89 Am. St. Rep. 797, 63 N. E. 792, holding unconstitutional Laws of 1899, c. 76, amending Laws of 1896, providing for tax on remainders and reversions vested before 1885, upon their coming into possession; State v. Olson, 26 N. D. 321, 144 N. W. 667, upholding Anti-snuff Act of 1913, exempting from its provisions "ordinary plug, fine cut, or longcut chewing tobacco"; Sterrett & Oberle Packing Co. v. Portland, 79 Or. 272, 154 Pac. 414, ordinance requiring inspection of slaughter-houses located without city, as condition precedent to sale of products within city, exempting slaughter-houses subject to Federal inspection is void in so far as it provides higher inspection regulations than Federal rules;

Salt Lake City v. Utah etc. Ry. Co., 45 Utah, 62, 142 Pac. 1071, ordinance of Salt Lake City imposing license tax on corporations selling electricity and using meters in such sale is void; State v. Crawford, 74 Wash. 253, 46 L. R. A. (N. S.) 1039, 133 Pac. 592, law of 1911 regulating streetcar fares is void as imposing excessive penalties; Puget Sound Electric Ry. v. Railroad Commission, 65 Wash. 85, 87, Ann. Cas. 1913B, 763, 117 Pac. 744, 745, order of railroad commission reducing rates of electric railway below rates charged by other noncompeting lines is not void as discriminatory; Coal & Coke Ry. Co. v. Conley, 67 W. Va. 211, 67 S. E. 648, majority upholding act of 1907 establishing two-cent passenger rate on railroads fifty miles long and over, and treating connecting lines operated under one management as single road; dissenting opinion in Carr. v. State, 175 Ind. 265, 32 L. R. A. (N. S.) 1190, 93 N. E. 1079, majority upholding act of 1909 repealing that part of act of 1905 making it unlawful to play baseball on Sunday; dissenting opinion in Louisville etc. R. Co. v. Melton, 127 Ky. 297, 112 S. W. 620, majority upholding act of Indiana of 1893 imposing on railroad or other corporation, except municipal liability for injury to employee resulting from negligence in furnishing defective appliances and allowing recovery to carpenter in service of railroad for injury resulting from defective chain of pulley; dissenting opinion in People v. Crane, 214 N. Y. 198, Ann. Cas. 1915B, 1254, 108 N. E. 442, majority upholding labor law requiring only citizens to be employed in construction of public work, and affirming conviction of contractor employing aliens; dissenting opinion in People v. Lochner, 177 N. Y. 181, 69 N. E. 387, majority upholding Laws of 1897, providing that no employee in bakery shall be required to work more than sixty hours a week nor ten hours a day.


Distinguished in Wadley Southern Ry. Co. v. Georgia, 235 U. S. 662, 663, 667, 59 L. Ed. 412, 414, 35 Sup. Ct. 214, upholding order of Georgia railroad commission requiring railroad to desist from demanding freight in advance from one carrier while accepting that of another carrier without demanding prepayment and imposing penalties heavy enough to secure obedience to orders; McLean v. Arkansas, 211 U. S. 551, 53 L. Ed. 321, 29 Sup. Ct. 206, statute requiring owners of mines employing ten or more men to weigh coal before screening to determine miners' wages is not void under equal protection clause; Halter v. Nebraska, 205 U. S. 44, 51 L. Ed. 702, 27 Sup. Ct. 419, statute of Nebraska prohibiting representation of flag on articles of merchandise for advertising purposes, and exempting newspapers, periodicals and books from its operation, is not denial of equal protection of law; Consolidated Coal Co. v. Illinois, 185 U. S. 207, 46 L. Ed. 876, 22 Sup. Ct. 618, upholding Illinois act of 1879, amended in 1897, for inspection of coal mines employing over five men, giving inspectors control of frequency of visitors; St. Louis etc. R. Co. v. Hadley, 168 Fed. 347, Missouri railroad rate statutes of 1907, not void upon their face, cannot be declared void upon evidence showing that they are not enforceable as to two or more roads; Grainger v. Douglas Park Jockey Club, 148 Fed. 520, 537,


COTTING v. KANSAS CITY S. Y. CO. 183 U. S. 79-115

8 Ann. Cas. 997, 78 C. C. A. 199, upholding act of Kentucky of March 26, 1906, creating racing commission with general power over races except at State fair; New York v. Bennett, 113 Fed. 519, upholding New York Laws of 1895, providing that persons recording wager without transferring memorandum thereof shall not be punished criminally if done on certain racecourses; Chicago etc. Ry. Co. v. State, 86 Ark. 427, 429, 111 S. W. 461, 462, upholding act of 1907 requiring railroads more than fifty miles in length to equip freight trains with crew of engineer, fireman, conductor and three brakemen; St Louis etc. Ry. Co. v. State, 86 Ark. 522, 112 S. W. 151, upholding act of 1905 requiring railroad or corporation repairing railroad equipment to build sheds over tracks," where such work is done, for protection of mechanics employed; Atwood v. Buckingham, 78 Conn. 429, 62 Atl. 619, upholding act of July 6, 1905, limiting recovery to one dollar and costs in action against administrator failing to file inventory; Norwich Gas & Electric Co. v. Norwich, 76 Conn. 573, 57 Atl. 749, upholding Act of 1893, c. 231, § 13, p. 386, providing for compelling city deciding to own waterworks, to purchase plant being operated; People v. Baltimore etc. R. Co., 246 Ill. 481, 482, 92 N. E. 936, 937, upholding act of 1909 subjecting railroad making unjust discriminations to penalties of one thousand dollars to five thousand dollars for first offense, five thousand dollars to ten thousand dollars for second offense, ten thousand dollars to twenty thousand dollars for third offense, and twenty-five thousand dollars for each subsequent offense; Vandalia R. Co. v. Stillwell, 181 Ind. 282, Ann. Cas. 1916D, 258, 104 N. E. 294, 5 N. C. C. A. 494, upholding Employers' Liability Act of 1911, applying only to employers of five or more persons; Chicago etc. Ry. Co. v. Railroad Commission, 173 Ind. 477, 481, 482, 90 N. E. 1012, 1013, upholding act of 1905 relating to carriage and distribution of freight exempting lines whose receipts from freight are less than one-third of gross receipts, where at time of adoption of act all steam railroads were earning more than one-third of gross receipts from freight and only electric interurban railways earned less; State v. Louisville etc. R. Co., 97. Miss. 53, Ann. Cas. 1912C, 1150, 51 South. 924, upholding act of 1908 providing for forfeiture of foreign railroad's right to engage in business within State upon removal of action to Federal court; State v. Felton, 77 Ohio St. 575, 576, 12 Ann. Cas. 65, 84 N. E. 88, 89, upholding law of 1904 providing for primary elections by political parties casting at least ten per cent of vote at last election; Patterson v. State, 7 Okl. Cr. 507, 124 Pac. 946, upholding provision of mining law prescribing duties, prohibitions and penalties for owner, operator or foreman of mine employing ten or more men; State v. Wickenhoefer, 6 Penne. (Del.) 141, 64 Atl. 281, upholding law of 1905 providing for licensing persons to make small loans and charge interest in excess of legal rate, excepting banks and trust companies from its operation; Coal & Coke Ry. Co. v. Conley, 67 W. Va. 153, 169, 67 S. E. 624, 631, upholding act of 1907 establishing twocent passenger rate on railroads fifty miles long and over, and treating

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