112 Am. St. Rep. 634, 77 N. E. 973, upholding act of 1905, imposing tax on transfer of stock of domestic or foreign corporation.

No impediment should be imposed on pursuits of one except as upon all under same circumstances.

Approved in Dobbins v. Los Angeles, 195 U. S. 236, 49 L. Ed. 175, 25 Sup. Ct. 18, ordinance narrowing limits where gasworks may be maintained invalid where works in process of erection which ordinance adopted; Union Co. Nat. Bank v. Ozan Lumber Co., 127 Fed. 211, holding invalid Arkansas act of 1891 requiring negotiable instruments given for patent things or rights except by dealers therein to follow printed form disclosing consideration; August Busch & Co. v. Webb, 122 Fed. 668, holding unconstitutional Rev. Stats. Tex. 1895, art. 3385, providing that physicians who do not practice medicine as calling cannot prescribe liquors as medicine; Ex parte Deeds, 75 Ark. 545, 546, 87 S. W. 1031, holding void Kirby's Dig., § 6886, requiring peddler to have county license unless he be resident of county; State v. Mitchell, 97 Me. 73, 76, 94 Am. St. Rep. 484, 488, 53 Atl. 889, holding unconstitutional Laws of 1891, requiring license tax of peddlers who do not pay taxes on stock in trade to value of twenty-five dollars; Matter of Pell, 171 N. Y. 57, 89 Am. St. Rep. 797, 63 N. E. 792, holding unconstitutional Laws of 1899, amending Laws of 1896, providing tax on reversions and remainders which vested prior to 1885, upon their coming into enjoyment; dissenting opinion in Cox v. Texas, 202 U. S. 452, 50 L. Ed. 1102, 26 Sup. Ct. 671, majority upholding Tex. Rev. Civ. Stats. 1895, art. 5060i, imposing tax on liquor dealer exempting dealer in domestic wine; dissenting opinion in State v. Barrett, 138 N. C. 649, 50 S. E. 513, majority upholding act requiring venders of intoxicants. to have license, making possession of more than quart of liquor by other prima facie evidence of his keeping it for sale.

Distinguished in Cox v. Texas, 202 U. S. 450, 451, 452, 50 L. Ed. 1101, 1102, 26 Sup. Ct. 671, upholding Tex. Rev. Civ. Stats. 1895, art. 5060i, imposing tax on liquor dealer exempting dealer in domestic wines; Douthit v. State, 98 Tex. 348, 83 S. W. 796, upholding Rev. Stat. 1895, § 5060i, regulating liquor traffic, excepting wines from grapes grown in State while in hands of producer; State v. Scampini, 77 Vt. 115, 118, 121, 59 Atl. 209, 210, holding Act of 1902, No. 90, § 21, regulating liquor traffic excepting from provision sales by barrel by manufacturers or farmer of cider made in State invalid as to exception.

State cannot under its police power make arbitrary classification in domain of commerce.

Approved in National Cotton Oil Co. v. Texas, 197 U. S. 132, 49 L. Ed. 695, 25 Sup. Ct. 379, upholding Texas anti-trust law providing for forfeiture of license to do business where foreign corporation does, not conform to law; Cincinnati Street R. Co. v. Snell, 193 U. S. 37, 48 L. Ed. 608, 24 Sup. Ct. 319, upholding Ohio Rev. Stats., § 5030, giv

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CONNOLLY v. UNION SEWER PIPE CO. 184 U. S. 540-571

ing opposite party right to change of venue, where other is corporation. with principal place of business in county; Ex parte Sohncke, 148 Cal. 267, 82 Pac. 959, holding void act of 1905, limiting rate of interest on chattel mortgages when secured by specified personal property; McKinster v. Sager, 163 Ind. 681, 106 Am. St. Rep. 268, 68 L. R. A. 273, 72 N. E. 858, and Sellers v. Hayes, 163 Ind. 436, 72 N. E. 124, both holding void Act of 1901, c. 118, p. 505, prohibiting sale of portion of stock other than in course of trade as against creditor's claim arising from sale of part of such stock; Republic Iron & Steel Co. v. State, 160 Ind. 386, 66 N. E. 1007, holding invalid weekly wage law of 1899 requiring weekly payment of wages on penalty of suit in name of State after nonpayment in ten days; Parks v. State, 159 Ind. 224, 64 N. E. 867, upholding Rev. Stats. 1901, §§ 7318-7323e, making it unlawful to practice medicine without a license; Storck v. Baltimore, 101 Md. 487, 61 Atl. 334, holding void Act of 1904, c. 616, § 1, p. 1077, prohibiting erection of steps beyond building line except outside certain district; Ballard v. Mississippi Cotton Oil Co., 81 Miss. 581, 95 Am. St. Rep. 498, 34 South. 557, holding unconstitutional Laws of 1898, p. 85, giving employees of corporations same rights for injuries from negligence of fellow-servants as enjoyed by strangers; dissenting opinion in State v. Smiley, 65 Kan. 25, 69 Pac. 214, 215, majority upholding Anti-trust Act of 1897 prohibiting making of anti-competitive trade agreements as to products bought on general market.

Distinguished in Cleland v. Anderson, 66 Neb. 261, 5 L. R. A. (N. S.) 136, 92 N. W. 309, holding illegal retail lumber dealers' association organized to prevent members being subjected to competition of wholesalers; Johnson v., Spartan Mills, 68 S. C. 355, 360, 47 S. E. 701, 703, upholding Code of 1902, §§ 2719, 2720, prohibiting issuance of evidence of indebtedness in payment for labor unless negotiable in cash or goods at holder's option, excepting company engaged in agriculture.

Anti-trust Act of Illinois of 1893 exempting combinations of agriculturists and livestock holders is void as discriminating.

Approved in Singer Sewing Mach. Co. v. Brickell, 199 Fed. 657, and Singer Sewing Mach. Co. v. Brickell, 233 U. S. 315, 58 L. Ed. 979, 34 Sup. Ct. 493, both upholding Alabama act of 1911 imposing license tax upon merchants selling sewing-machines by traveling salesmen in so far as it relates to intrastate business, although merchants selling machines at regular places of business are not taxed; Citizens' Telephone Co. v. Fuller, 229 U. S. 329, 57 L. Ed. 1213, 33 Sup. Ct. 833, upholding statute of Michigan of 1909 taxing telephone companies on ad valorem basis and exempting from its operation companies whose gross receipts do not exceed five hundred dollars; Shevlin-Carpenter) Co. v. Minnesota, 218 U. S. 68, 54 L. Ed. 935, 30 Sup. Ct. 663, upholding statute of Minnesota punishing cutting and removal of timber on State lands by double or treble damages, or if act 'is willful by fine and imprisonment; Southwestern Oil Co. v. Texas, 217 U. S. 123, 54'

L. Ed. 693, 30 Sup. Ct. 496, upholding Texas act of 1905 levying occupation tax on wholesale dealers in coal oil or other mineral oils; Southern Ry. Co. v. Greene, 216 U. S. 417, 17 Ann. Cas. 1247, 54 L. Ed. 542, 30 Sup. Ct. 287, Alabama franchise tax of 1907 on foreign corporations, as applied to foreign corporation already within State and having acquired permanent and valuable property, without tax upon domestic corporations, is void; Chambers v. Baltimore etc. R. R. Co., 207 U. S. 151, 52 L. Ed. 147, 28 Sup. Ct. 34, statute of Ohio providing that no action for wrongful death occurring in another State may be brought in Ohio courts except where deceased was Ohio citizen applies to representatives of deceased whether citizens of Ohio or of other States and does not violate privilege and immunity provision of Constitution; American Sugar Refining Co. v. McFarland, 229 Fed. 286, Louisiana act of 1915 regulating business of refining sugar is void as discriminatory; Van Deman & Lewis Co. v. Rast, 214 Fed. 833, Florida act of 1913 imposing State license tax of five hundred dollars and county license tax of two hundred and fifty dollars on merchants offering coupons or profit-sharing certificates with merchandise is void; Little v. Tanner, 208 Fed. 610, Washington act of 1913 requiring persons, firms or companies using trading stamps to pay license tax of six thousand dollars per year is void; Ohio River etc. Ry. Co. v. Dittey, 203 Fed. 548, upholding Ohio act of 1911 imposing excise tax based on gross earnings on railroads and other persons or corporations operating public utilities; The Michigan Telephone Tax Cases, 185 Fed. 638, upholding Michigan act of 1909 taxing telephone and telegraph companies on ad valorem basis and exempting companies whose gross receipts within State are less than five hundred dollars; Chicago etc. Ry. Co. v. Westby, 178 Fed. 625, 628, 47 L. R. A. (N. S.) 483, 102 C. C. A. 65, employers' liability law of South Dakota subjecting every common carrier to liability for injuries to employees resulting from injuries of fellow-servants or contributed to by his own negligence, not limited to carriers using steam or other powerful agency, is void; Larabee v. Dolley, 175 Fed. 396, Kansas bank guaranty law of 1909 creating fund to guarantee depositors in State banks is void as discrimination against national banks within State; Kansas Natural Gas Co. v. Haskell, 172 Fed. 571, Oklahoma act of 1907 prohibiting construction of pipe-lines for transportation of natural gas within State, except by corporations organized under charters prohibiting transportation of gas out of State, is void as interference with interstate commerce; Camors-McConnell Co. v. McConnell, 140 Fed. 415, contract of sale by which seller agrees not to enter business again enforceable though buyer intended to get monopoly; Davis v. Booth, 131 Fed. 37, 65 C. C. A. 269, upholding contract of sale by which corporation sold out assets and goodwill of business, agreeing not to engage in same business for ten years; Union Co. Nat. Bank v. Ozan Lumber Co., 127 Fed. 210, holding unconstitutional Arkansas act of 1891 requiring nego

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1029 CONNOLLY v. UNION SEWER PIPE CO. 184 U. S. 540-571

tiable instruments in payment of patent things or rights, except by dealers therein, to follow printed form disclosing consideration; Atlanta v. Chattanooga Foundry etc., 127 Fed. 28, 64 L. R. A. 721, 61 C. C. A. 387, holding individual may maintain action against member of illegal combination for damage resulting from higher prices for article controlled; Greenwich Ins. Co. v. Carroll, 125 Fed. 129, holding invalid Iowa Code, § 1754, prohibiting fire insurance companies from forming agreement as to compensation to be paid agents; Brandon v. Miller, 118 Fed. 362, upholding Georgia statute sustained by State court permitting loan association to charge borrowers voluntarily contracting therewith a usurious rate of interest; Harrison v. Glucose Sugar Refining Co., 116 Fed. 308, 58 L. R. A. 915, 53 C. C. A. 484, sustaining contract whereby employee agrees not to engage in manufacturing glucose within fifteen hundred miles of employer's principal establishment in Chicago; McLendon v. State, 179 Ala. 94, Ann. Cas. 19150, 691, 60 South. 405, proviso attached to revenue law of 1911 exempting ex-Confederate soldiers from occupation tax imposed on learned professions is void; State v. Byles, 93 Ark. 618, 37 L. R. A. (N. S.) 774, 126 S. W. 97, upholding statute imposing license tax on peddlers in specified occupations; St. Louis etc. Ry. Co. v. State, 86 Ark. 524, 112 S. W. 152, upholding act of 1905 requiring railway to build sheds over repair tracks; Smith v. Farr, 46 Colo. 375, 380, 104 Pac. 405, 406, law of 1905 to prevent fraud in sale of manufactured goods by itinerant venders, exempting commercial travelers or merchants selling in usual course of business is void; Harper v. Galloway, 58 Fla. 262, 19 Ann. Cas. 235, 26 L. R. A. (N. S.) 794, 51 South. 228, provisions of statute requiring nonresidents of Marion County to give notice of intention to hunt in Marion County without requiring such notice of residents of county is void; Leonard v. American Life etc. Co., 139 Ga. 277, 77 S. E. 42, provision exempting, until January, 1915, specified life insurance companies from operation of act of 1912 prohibiting contracting for rebates or offering for sale special discriminatory insurance contract is void; Brown v. Jacobs Pharmacy Co., 115 Ga. 453, 90 Am. St. Rep. 150, 41 S. E. 563, holding unconstitutional Anti-trust Act of 1896 exempting therefrom agricultural products or livestock while in hands of producer or raiser; Ex parte Mallon, 16 Idaho, 744, 22 L. R. A. (N. S.) 1123, 102 Pac. 375, provision of code. fixing punishment of person escaping from State prison at same term for which he was serving at time of escape denies equal protection of law; Greene v. L. Fish Furniture Co., 272 Ill. 153, 111 N. E. 727, upholding Factory Act of 1913 requiring factories, mercantile establishments, mills and workshops to provide fire-escapes; Mathews v. People, 202 Ill. 403, 404, 405, 409, 67 N. E. 33, 34, 35, holding unconstitutional Laws of 1899, p. 268, creating free employment agencies providing that no list shall be furnished employer whose men are on strike; People v. Butler Street Foundry, 201 Ill. 256, 257, 66 N. E.

355, holding Illinois Anti-trust Act of 1893, being entirely unconstitutional, could not have repealed act of 1891; Vandalia R. Co. v. Stillwell, 181 Ind. 282, 283, 284, Ann. Cas. 1916D, 258, 104 N. E. 294, 295, 5 N. C. C. A. 494, Employers' Liability Act of 1911 is not invalid as denying equal protection of law because it applies only to employers of five or more persons; Richey v. Cleveland etc. R. Co., 176 Ind. 555, 47 L. R. A. (N. S.) 121, 96 N. E. 698, State Employers' Liability Act of 1908 limited to hazardous employment is valid, but injury to sectionman by foreman suddenly stopping handcar did not arise in operation of railroad train within meaning of act; Bedford Quarries Co. v. Bough, 168 Ind. 675, 682, 14 L. R. A. (N. S.) 418, 80 N. E. 530, 532, statute of 1901 imposing on railroads or other corporations, except municipal, liability for injuries to servant arising from negligence of another employee to whose order servant must conform, is void as to other corporations than railroads; Republic Iron etc. Co. v. State, 160 Ind. 386, 62 L. R. A. 136, 66 N. E. 1007, act of 1899 requiring employers of labor to make weekly payments of wages and imposing penalty for noncompliance is void; State v. Osborne, 171 Iowa, 690, 154 N. W. 299, act imposing license tax upon transient merchants doing business in cities and towns and exempting permanent merchants is void; State v. Smiley, 65 Kan. 244, 69 Pac. 201, upholding Anti-trust Act of 1897, prohibiting making of anti-competitive trade agreements as to products and merchandise brought on general market; Commonwealth v. Goldburg, 167 Ky. 107, 180 S. W. 73, upholding Kentucky statute prohibiting use of milk bottles and other containers by others than those whose names are branded thereon; Gay v. Brent, 166 Ky. 846, 179 S. W. 1057, statutes of Kentucky of 1906, 1908 and 1910 permitting persons to combine or pool crops of wheat, tobacco and other products for purpose of obtaining higher price are void; Hager v. Walker, 128 Ky. 21, 129 Am. St. Rep. 238, 15 L. R. A. (N. S.) 195, 107 S. W. 260, act of 1906 imposing occupation tax on real estate agents varying according to class of city in which agent resides, is void; Owen County Burley Tobacco Society v. Brumback, 128 Ky. 149, 107 S. W. 714, upholding act of 1906 legalizing pooling of tobacco and other farm products; Commonwealth v. Remington Typewriter Co., 127 Ky. 188, 105 S. W. 402, upholding act of 1903 requiring corporations, with certain exceptions, to place immediately under its name on printed or advertising matter, word "Incorporated"; State v. Legendre, 138 La. 158, 70 South. 71, act of 1914 declaring it unlawful to employ fireman to work longer than eight hours at stationary engine using coal for fuel in city of population of fifty thousand or over is discriminatory and void; In re Opinion of the Justices, 220 Mass. 632, 108 N. E. 809, proposed statute imposes burden on railroads to which other employers are not subject and gives railroad employees advantages not given to other employees and would be void; State v. Louisville etc. R. Co., 97 Miss. 53, Ann. Cas. 1912C, 1150, 51 South. 924, upholding statute of 1908