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public, but an arbitrary enactment in favor | we have stated, thereby interfering with the
of the persons spoken of, who in the legisla- power of the legislature over railroads as
tive judgment should be carried at a less ex- corporations or common carriers, to so legis-
pense than the other members of the commu- late as to fix maximum rates, to prevent ex-
nity. There is no reasonable ground upon tortion or undue charges, and to promote
which the legislation can be rested unless the safety, health, convenience, or proper
the simple decision of the legislature should protection of the public. We say this par-
be held to constitute such reason. Whether ticular piece of legislation does not partake
the legislature might not in the fair exercise of the character of legislation fairly or rea-
of its power of regulation provide that ordi- sonably necessary to attain any of those ob-
nary tickets purchased from the company jects, and that it does violate the Federal
should be good for a certain reasonable time, Constitution as above stated.
is not a question which is now before us, and
we need not express any opinion in regard to

it.

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The judgment of the supreme court of the state of Michigan should be reversed, and the case remanded for further proceedings not inconsistent with the opinion of this court, and it is so ordered.

The Chief Justice and Mr. Justice Gray and Mr. Justice McKenna dissentéd. 865

A

ARGUED AND DECIDED

IN THE

SUPREME COURT

OF THE

UNITED STATES

AT

OCTOBER TERM, 1898.

VOL. 174

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