tive judgment should be carried at a less expense than the other members of the community. There is no reasonable ground upon which the legislation can be rested unless the simple decision of the legislature should be held to constitute such reason. Whether the legislature might not in the fair exercise of its power of regulation provide that ordinary tickets purchased from the company should be good for a certain reasonable time, is not a question which is now before us, and we need not express any opinion in regard to it.

In holding this legislation a violation of that part of the Constitution of the United States which forbids the taking of property without due process of law, and requires the equal protection of the laws, we are not, as 173 U. S. U. S., BOOK 43.

corporations or common carriers, to so legis late as to fix maximum rates, to prevent extortion or undue charges, and to promote the safety, health, convenience, or proper protection of the public. We say this particular piece of legislation does not partake of the character of legislation fairly or reasonably necessary to attain any of those objects, and that it does violate the Federal Constitution as above stated.

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