Although a statute increasing the liability of corporations may,
as to corporations of the state, be an exercise of the reserved
power to alter, amend, and repeal, the application of that
principle as to foreign corporations depends on many considerations
and involves federal questions.
Whether or not a classification merely between all corporations
and partnerships and individuals offends the equal protection
clause, a classification of corporations operating railroads and
individuals does not offend that provision of the Constitution.
One within a distinct class which is properly subject to
classification cannot question the constitutionality of the
classification on the
Page 222 U. S. 252
ground that it is too broad, and includes others outside of that
class.
Although the state court may have applied the statute to
plaintiff in error merely as a corporation, if the record how that
it is a corporation of a kind properly classified by the statute
and there is equality within that class, the statute will not be
held invalid as repugnant to the equal protection clause of the
Constitution.
89 Ark. 522 affirmed.
The facts, which involve the constitutionality, under the
Fourteenth Amendment, of the Arkansas Fellow Servant Law, are
stated in the opinion.
Page 222 U. S. 254
MR. JUSTICE McKENNA delivered the opinion of the Court.
The defendant in error brought this action against the plaintiff
in error in the Saline Circuit Court of the State of Arkansas to
recover for personal injuries alleged to have been received by him
while in the employment of the company, which maintained a railroad
to its mines, on account of the negligence of a fellow servant.
The action was based upon a statute of the state called by the
parties "the fellow servant law." The statute makes railroad
corporations operating within the state, and every company, whether
incorporated or not, engaged in the mining of coal, "liable to
respond in damages for injuries or death sustained" by agents,
employees, or servants, "resulting from a careless omission of duty
or negligence of such employer," or "any authorized agent, servant,
or employee of the said employer" in the same manner as though the
carelessness, omission of duty, or negligence was that of the
employer.
The company assailed the constitutionality of the statute by the
request for the following instruction, which was refused by the
trial court.
"You are instructed that the act of the legislature approved
March 8th, 1907, known as 'the fellow servant law,' in providing it
shall apply to all corporations, but shall not apply to
individuals, persons, or partnerships except those engaged in the
operation of a railroad or coal mine, denies to this defendant the
equal protection of the law, and is in violation of the Fourteenth
Amendment to the Constitution of the United States. "
Page 222 U. S. 255
There was a verdict for the plaintiff, defendant in error here,
upon which judgment was duly entered. It was sustained by the
Supreme Court of Arkansas, 89 Ark. 522.
The supreme court sustained the action of the trial court in
refusing the instruction, on the authority of
Ozan Lumber Co.
v. Biddle, which had been previously decided, and which is
reported in 87 Ark. 587. This action of the court is assigned as
error, and is the federal question relied on.
A motion is made to dismiss, and, alternately, to affirm,
respectively, on the ground that there is no federal question in
the state court's construction of the statute, and that, if there
be such a question, it is foreclosed by repeated decisions of this
Court. In support of the motion to dismiss, it is contended that
the state court decided that the act assailed is an amendment to
the charter of the corporation under the reserved right to amend,
alter, or repeal the charter, and of this the corporation cannot
complain, the exertion of such right being a condition of its
existence.
In
Ozan Lumber Co. v. Biddle, supra, the court decided
that "the fellow servant law" was an amendment to the charters of
corporations, made under the right reserved in the Constitution of
the state to repeal, alter, or amend such charters. The Ozan Lumber
Company, however, was a domestic corporation, and whether the
principle of the decision would be applicable to foreign
corporations, as plaintiff in error in the case at bar is, being a
Pennsylvania corporation, depends on many considerations, and
involves questions not local, so we pass to the consideration of
the merits.
On the merits, the case is in a very narrow compass, and does
not demand much discussion, though plaintiff in error earnestly
presses the contention that the statute is discriminatory in that
it applies to all corporations, but does not apply to individuals
or partnerships. Whether
Page 222 U. S. 256
the exact distinction -- that is, the distinction merely between
corporations and partnerships and individuals -- is competent for a
legislature to make under its power of classifying objects we are
not called upon to decide. The distinction made by the statute is
broader. The distinction (among others) it makes is between
railroads operating in the state and individuals, and such
distinction has been maintained by this Court as not offending the
Constitution of the United States.
Tullis v. Lake Erie &
Western R. Co., 175 U. S. 348;
Minnesota Iron Co. v. Kline, 199 U.
S. 593.
See also Employers' Liability Cases,
207 U. S. 463,
207 U. S. 504,
and
El Paso &c. Ry. Co. v. Gutierrez, 215 U. S.
87.
What grievance plaintiff in error might have if it were not
operating a railroad we are not called upon to consider, because it
is limited in its complaint to the effect of the statute on it, and
cannot appropriate the grievance that corporations engaged in
mining, but not operating railroads, may have on account of the
distinction made between them and individuals.
It is true that the supreme court of the state, following
Ozan Lumber Co. v. Biddle, supra, decided the law was a
regulation of corporations, and applied it to the plaintiff in
error because it was a corporation, not distinguishing it as one
operating a railroad. It, however, may be so distinguished under
the statute. That is, the statute constitutes a class of
corporations operating railroads, and, under the cases we have
cited, the classification is valid, there being equality within the
class. In other words, not only the plaintiff in error, but all
other corporations operating railroads, are covered by the
statute.
We think therefore that the statute of Arkansas is not repugnant
to the Fourteenth Amendment, and the judgment is
Affirmed.