forfeiting charter of foreign railroad to transact business within State upon removal of action against it to Federal court; State v. Parker Distilling Co., 236 Mo. 289, 290, 139 S. W. 473, laws of 1909 imposing license on manufacturers of and dealers in intoxicating liquors, except wines and spirits produced from grapes or fruit grown in State is not void as discriminating between classes; State v. Brodnax, 228 Mo. 44, 137 Am. St. Rep. 613, 128 S. W. 182, act of 1907 imposing stamp tax on dealings for future delivery is not discriminatory because not apportioned to value of property sold; State v. Cudahy Packing Co., 33 Mont. 184, 187, 190, 82 Pac. 834, 835, 836, holding void Pen. Code, § 321, prohibiting combination for regulating production of articles of commerce exempting by section 325 persons engaged in agriculture; People v. C. Klinck Packing Co., 214 N. Y. 137, 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 and exempting dairies, creameries, cheese factories, etc., where not morethan seven are employed; In re Water Front in City of New York, 190 N. Y. 360, 13 Ann. Cas. 598, 16 L. R. A. (N. S.) 335, 83 N. E. 303, provisions of section 822 of New York charter relating to acquisition of lands for improvement of waterfront and authorizing setting off of benefits against award for land to be taken is void; People v. Mensching, 187 N. Y. 22, 10 Ann. Cas. 101, 10 L. R. A. (N. S.) 625, 79 N. E. 888, law of 1906 imposing tax on transfer of stock of domestic or foreign corporations of two cents "on each share of $100 of face value or fraction thereof" measures tax by number of shares regardless of value, and is void; People v. Orange County Road Cons. Co., 175 N. Y. 89, 67 N. E. 130, holding unconstitutional Penal Code, § 384h, prohibiting person or corporation contracting with State or municipality from requiring over eight hours' work per day; Chan Sing v. City of Astoria, 79 Or. 417, 155 Pac. 380, ordinance under authority of city charter regulating opening and closing hours of certain stores omitting others whose regulation is authorized by charter, is void; State v. Standard Oil Co., 61 Or. 451, Ann. Cas. 1914B, 179, 123 Pac. 45, law of 1907 imposing gross earnings tax on oil companies: doing business within State includes resident and nonresident companies, and is valid; State v. Wright, 53 Or. 348, 349, 21 L. R. A. (N. S.) 349, 100 Pac. 298, law of 1905 imposing license tax on peddlers of stoves, ranges and wagons is discriminatory; Commonwealth v. Pflaum, 236 Pa. 302, Ann. Cas. 1913E, 1287, 84 Atl. 845, act of 1909prohibiting use of sulphur dioxide in confectionery is not discriminatory because of exception as to dried fruit and molasses and exemption of retail dealers selling under guaranty of manufacturer; Ex parte Hollman, 79 S. C. 22, 23, 14 Ann. Cas. 1105, 60 S. E. 24, 25, Criminal Code of 1902, section 357, declaring laborer under contract to work on farm, who receives advances and fails to perform services, guilty of misdemeanor, violates Fourteenth Amendment; Fieming v.


City of Memphis, 126 Tenn. 337, Ann. Cas. 1913D, 1306, 42 L. R. A. (N. S.) 493, 148 S. W. 1058, act of 1879 creating taxing districts on basis of census of 1870 is void as making arbitrary classification; Standard Oil Co. v. Spartanburg, 66 S. C. 43, 44 S. E. 379, holding unconstitutional ordinance requiring dealers in oils to pay annual license excepting dealers hauling oils on which the license had been paid; Motlow v. State, 125 Tenn. 591, 145 S. W. 189, upholding act of 1909 prohibiting manufacture or sale of intoxicating liquors, including vinous, spirituous and malt liquors, excepting alcohol of not less than 188 proof for chemical, medical and other specified purposes; State v. Nashville etc. Ry. Co., 124 Tenn. 12, Ann. Cas. 1912D, 805, 135 S. W. 775, law of 1887 forbidding corporation to dismiss employees for voting or not voting at election, or for or against particular candidate or measure, or for trading or not trading with particular person, is void; State v. Standard Oil Co., 120 Tenn. 138, 110 S. W. 578, provision of Anti-trust Act of 1903 imposing penalty of imprisonment on persons, is not discrimination against corporations by giving persons advantages of rules of evidence in criminal cases; Cox v. Thompson, 37 Tex. Civ. 610, 85 S. W. 34, upholding statute requiring retail liquor dealers to give bond in manner prescribed; Phipps v. Wisconsin Cent. Ry. Co., 133 Wis. 157, 158, 113 N. W. 457, 458, statute of 1988 as amended in 1901 authorizing examination of former employee of corporation by adverse party, but not authorizing examination of former employee of individual, is void; dissenting opinion in Quong Wing v. Kirkendall, 223 U. S. 65, 56 L. Ed. 352, 32 Sup. Ct. 192, majority holding statute of Montana imposing license fee on hand laundries and exempting steam laundries and hand laundries of women where not more than two are employed is valid; dissenting opinion in People v. Nellis, 249 Ill. 29, 94 N. E. 172, majority upholding law of 1905 authorizing Governor to remove sheriff if person is taken from his custody by mob and lynched; 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 provision of act of 1905 making Sunday baseball unlawful; dissenting opinion in Commonwealth v. International Harvester Co., 131 Ky. 580, 133 Am. St. Rep. 256, 115 S. W. 712, majority holding act of 1890 prohibiting trusts and pools and act of 1906 allowing pooling of farm products construed in light of section 198 of State Constitution, requiring Assembly to pass laws to prohibit trusts and pools to depreciate article below or increase it above real value, and in light of Fourteenth Amendment to Federal Constitution permit pools not depreciating or enhancing real value; dissenting opinion in Louisville etc. R. Co. v. Melton, 127 Ky. 296, 112 S. W. 620, majority upholding act of 1893 imposing liability on railroad for injuries to employees as therein prescribed; dissenting opinion in People v. Crane, 214 N. Y. 198, Ann. Cas. 1915B, 1254, 108 N. E. 442, majority holding State may exclude aliens from employment on public works; dissent



ing opinion in Schlesinger v. Gilhooly, 189 N. Y. 32, 12 Ann. Cas. 1138, 81 N. E. 630, majority upholding National Banking Act limiting rate of interest national banks may charge, and providing for forfeiture of all interest for usury; dissenting opinion in People v. Lochner, 177 N. Y. 181, 69 N. E. 387, majority upholding Laws of 1897, p. 485, limiting employment in bakery or confectionery to sixty hours per week and ten hours per day; dissenting opinion in Thielke v. Albee, 79 Or. 66, 153 Pac. 798, majority holding ordinance licensing and regulating operation of jitney buses; dissenting opinion in Coal & Coke Ry. Co. v. Conley, 67 W. Va. 211, 67 S. E. 648, majority upholding act of 1907 limiting passenger rates to two cents per mile on steam railroads more than fifty miles in length.

Distinguished in International Harvester Co. v. Missouri, 234 U. S. 215, 52 L. R. A. (N. S.) 525, 58 L. Ed. 1284, 34 Sup. Ct. 859, upholding Missouri anti-trust laws of 1899 and 1909; Quong Wing v. Kirkendall, 223 U. S. 62, 56 L. Ed. 352, 32 Sup. Ct. 192, upholding section 2776 of Revised Code of Montana imposing license fee on hand laundries, excepting those of women in which not more than two are employed and steam laundries from its operation; Ozan Lumber Co. v. Union County Nat. Bank, 207 U. S. 257, 52 L. Ed. 197, 28 Sup. Ct. 89, upholding statute of Arkansas providing that notes given in payment of patented articles should so state and transfer to bona fide purchaser would not prevent vendee from showing fraud and excepting from its operation merchants selling patented articles in regular course of business; Halter v. Nebraska, 205 U. S. 44, 45, 51 L. Ed. 702, 27 Sup. Ct. 419, upholding statute of Nebraska to prevent and punish desecration of national flag by prohibiting sale of articles using representation of flag as advertisement, and exempting from its operation newspapers, books and periodicals containing representations of flag disconnected from advertising; Billings v. Illinois, 188 U. S. 102, 47 L. Ed. 403, 23 Sup. Ct. 274, upholding Illinois inheritance tax law taxing certain life estates .when remainder is to lineal but not when remainder is to collateral heirs of decedent; Otis v. Parker, 187 U. S. 610, 47 L. Ed. 328, 23 Sup. Ct. 170, upholding Cal. Const., art. IV, § 26, avoiding all contracts for sales of shares of corporate stocks on margin; Consumers' League v. Colorado etc. Ry. Co., 53 Colo. 67, Ann. Cas. 1914A, 1158, 125 Pac. 581, act of 1907, regulating common carriers, is not rendered void by exempting mountain railroads operating less than twenty miles of road and chiefly engaged in hauling minerals from or supplies to mines; State v. Wickenhoefer, 6 Penne. (Del.) 138, 139, 64 Atl. 280, upholding laws of 1905, providing for licensing persons in Newcastle County only to make small loans and charge five per cent in excess of legal rate and exempting banks and trust companies from its operation; State v. Fairmont Creamery Co., 153 Iowa, 714, 42 L. R. A. (N. S.) 821, 133 N. W. 900, upholding statute prohibiting persons engaged in buying dairy products, poultry, eggs or grain from discrimi

nating as to prices paid in different localities; Commonwealth v. International Harvester Co., 131 Ky. 573, 133 Am. St. Rep. 256, 115 S. W. 710, where act of 1890 prohibits pools and trusts and act of 1906 allows pooling of farm products, Fourteenth Amendment gives all persons same rights as are given to farmers, and under State Constitution, section 198, pooling is permitted if price of products is not depreciated below or cost enhanced above real value; Ballard v. Mississippi Cotton Oil Co., 81 Miss. 581, 95 Am. St. Rep. 476, 62 L. R. A. 407, 34 South. 557, act of 1898, relating to liability of corporations for injuries to employees is void as imposing restrictions on corporations not imposed on natural persons; Frederick v. State, 89 Neb. 349, 354, 34 L. R. A. (N. S.) 650, 131 N. W. 620, 622, act of 1909 requiring manufacturer to label food products put up and sold by it in package form, but not requiring retailers who put up and sell same products in package form to label them, is void; State v. Coyle, 7 Okl. Cr. 78, 79, 122 Pac. 255, 256, fact that anti-trust law of 1908 exempts combinations of labor does not render it void; State v. Witherspoon, 115 Tenn. 142, 90 S. W. 853, upholding Act of 1903, c. 140, p. 268, declaring illegal combination with view to lessen or tending to lessen competition or to control price; State v. Shippers' Compress etc. Co., 95 Tex. 611, 69 S. W. 61, upholding that portion of invalid Anti-trust Act of 1895, which authorizes State to forfeit corporation charters for carrying out restraints on trade, prohibited by invalid portions; dissenting opinion in Ex parte Hollman, 79 S. E. 43, 14 Ann. Cas. 1105, 60 S. E. 32, majority holding provision of Criminal Code declaring laborer under contract to work on farm, who receives advances and fails to perform, guilty of misdemeanor, violates Fourteenth Amendment.

Constitutionality of statutes designed to prevent monopolies and trusts. Note, 6 Ann. Cas. 846, 847.

Constitutionality of statutes exempting building and loan associations from usury laws. Note, 20 Ann. Cas. 1253.

Constitutionality of discriminations in food laws. Note, 34 L. R. A. (N. S.) 650.

Exempting wage-earners from anti-trust laws. Note, 52 L. R. A. (N. S.) 525, 526, 529.

Provisions of Anti-trust Act of Illinois of 1893 are not separable, and entire statute is void.

Approved in Muskrat v. United States, 219 U. S. 363, 55 L. Ed. 252, 31 Sup. Ct. 250, act of Congress of 1907 authorizing Cherokee citizens having interest in property allotted under act of 1902 to bring suits in Court of Claims and on appeal to this court to test validity of subsequent acts of Congress exceeds constitutional authority of legislature to confer jurisdiction; In re Johnson, 224 Fed. 186, where brewing company loans thirty-eight hundred dollars to bankrupt, of which eight hundred dollars was for purchase of unexpired liquor license and separate notes



are given, fact that loan of license fee is prohibited by statute does not make whole transaction void; St. Louis etc. R. Co. v. Hadley, 168 Fed. 347, invalidity of penalty provisions of Missouri passenger fare and freight rate statutes of 1907, which are separable, does not render other provisions of statutes void; Union Co. Nat. Bank v. Ozan Lumber Co., 127 Fed. 212, holding Arkansas act of 1891, regulating negotiable instruments in payment for patent rights or things being invalid in part, is invalid in toto; McLendon v. State, 179 Ala. 96, 97, Ann. Cas. 1915C, 691, 60 South. 405, 406, invalidity of proviso exempting ex-Confederate soldiers from occupation tax on learned professions makes entire statute invalid; Stinson v. State, 63 Fla. 45, 58 South. 723, person charged with taking fish "in Indian River" in violation of sections 1 and 2 of statute cannot question validity of section 4, which does not affect validity of sections 1 and 2; Board of Commrs. of Hillsborough County v. Savage, 63 Fla. 341, 58 South. 837, void provision of act of 1911 requiring compensation of probation officers to be fixed by county commissioners may be eliminated; Hayes v. Walker, 54 Fla. 168, 44 South. 749, act of 1907 extending corporate limits of Tampa to include Fort Brooke is not invalidated by proviso that such included territory shall not be liable for existing bonded indebtedness of city of Tampa; State v. Patterson, 50 Fla. 133, 39 South. 400, holding void act requiring street-car company to furnish separate seats for white and colored passengers, requiring passengers to occupy seat assigned, making exception for colored nurse caring for white person; People ex rel. Phillips v. Strassheim, 240 Ill. 300, 22 L. R. A. (N. S.) 1135, 88 N. E. 827, primary election law of 1908 is rendered wholly invalid by unconstitutionality of sections 11 and 44, because its purpose cannot be accomplished without those sections; Kellyville Coal Co. v. Harrier, 207 Ill. 629, 69 N. E. 928, holding invalid act of May 28, 1891, prohibiting employers from deducting from wages except for lawful money except in case of farm laborers or servants; State v. Aetna Banking etc. Co., 34 Mont. 390, 87 Pac. 272, in laws of 1905, requiring foreign banking companies doing business in State to make certain reports and pay certain fees, provision exempting corporation within State at time of approval of act is so inseparable that its invalidity invalidates whole; Ruhland v. Waterman, 29 R. I. 375, 71 Atl. 453, holding law of 1896 providing for submission at general election in cities and towns of question whether liquor licenses shall be granted is complete and enforceable without void proviso relating to petition; dissenting opinion in Berea College v. Kentucky, 211 U. S. 63, 53 L. Ed. 89, 29 Sup. Ct. 33, majority holding validity of Kentucky act of 1904 prohibiting domestic corporations from teaching white and negro pupils in same school is not affected by its possible invalidity under Federal Constitution as to individuals, where highest State court considers act separable.

Distinguished in Leonard v. American Life etc. Co., 139 Ga. 280, 77 S. E. 44, invalid provision of act of 1912 relating to insurance companies is separable and may be stricken out; State ex rel. Dawson v. Martin, 87

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