Legislation cannot be all-comprehensive, and police statutes
otherwise valid may, without being unconstitutional as denying
equal protection of the law, contain practical groupings of objects
which fairly well present a class, although there may be exceptions
in which the evil aimed at is deemed by the legislature to be not
so flagrant.
The statute of Arkansas requiring full switching crews on
railroads exceeding one hundred miles in length is not
unconstitutional as depriving a railroad company over one hundred
miles in length of its property without due process of law, or as
denying it equal protection of the law, or as an interference with,
or burden upon, interstate commerce.
Chicago & Rock Island
Ry. v. Arkansas, 219 U. S. 453.
114 Ark. 486 affirmed.
The facts, which involve the constitutionality under the
commerce, due process and equal protection provisions of the
Constitution of the United States and of the Fourteenth Amendment
thereto, of the full switching crew statute of Arkansas, are stated
in the opinion.
Page 240 U. S. 519
MR. JUSTICE McKENNA delivered the opinion of the Court.
An act of the State of Arkansas, entitled, "An Act for the
Better Protection and Safety of the Public," provides as
follows:
"Section 1. That no railroad company or corporation owning or
operating any yards or terminals in the cities within this state
where switching, pushing, or transferring of cars are made across
public crossings within the city limits of the cities shall operate
their switch crew or crews with less than one engineer, a fireman,
a foreman and three helpers."
"Section 2. It being the purpose of this act to require all
railroad companies or corporations who operate any yards or
terminals within this state who do switching, pushing, or
transferring of cars across public crossings within the city limits
of the cities to operate said switch crew or crews with not less
than one engineer, a fireman, a foreman, and three helpers, but
nothing in this act shall be so construed as to prevent any
railroad company or corporation
Page 240 U. S. 520
from adding to or increasing their switch crew or crews beyond
the number set out in this act."
"Section 3. The provisions of this act shall only apply to
cities of the first and second class, and shall not apply to
railroad companies or corporations operating railroads less than
100 miles in length."
"Section 4. Any railroad company or corporation violating the
provisions of this act shall be fined for each separate offense not
less than $50 and each crew so illegally operated shall constitute
a separate offense."
The railroad company violated the terms of the statute for a day
in the City of Hot Springs, and, being convicted thereof, was
sentenced to pay the minimum fine imposed by the statute. The
judgment which was entered upon the sentence was affirmed by the
supreme court of the state. This writ of error was then
granted.
The railroad company contends that the statute violates (1) the
due process and equality clauses of the Fourteenth Amendment of the
Constitution of the United States, (2) that it operates as an
interference with interstate commerce, and (3) prevents a contest
of its validity by the excess of its penalties. Of the last ground,
it may be immediately said that it is without merit.
The other grounds are in effect disposed of by prior
decisions.
In the case of Chicago,
Chicago, Rock Island & Pac. Ry.
v. Arkansas, 219 U. S. 453, a
statute of Arkansas was considered which required freight trains to
be equipped with crews consisting of an engineer, a foreman, a
conductor, and three brakemen, "regardless of any modern equipment
or automatic couplings and air brakes. . . ." The statute did not
apply to railroads whose line or lines did not exceed 50 miles in
length, nor to any railroad, regardless of length of its line,
where the freight train should consist of less than twenty-five
cars. The statute was sustained on the authority of prior cases
against charges of conflict
Page 240 U. S. 521
with the Fourteenth Amendment and the commerce clause of the
Constitution. We need not cite the cases relied on or repeat the
argument of the Court. In that case, as in this, there was
controversy in the testimony and the contentions of the parties as
to the necessity of the statute. It was held, however, that the
controversy did not establish that the statute was an arbitrary
exercise of power.
Armour & Co. v. North Dakota, this
day decided,
ante, p.
240 U. S. 510.
A distinction is asserted between that case and this, and it is
urged that the operation of freight trains of more than twenty-five
cars on the trunk lines may require different provision than the
movement of switching operations within terminals. But the basis of
both is safety to the public, though the urgency in one may not be
as great as the urgency in the other.
A more serious objection is that certain terminal companies, one
at the city of Helena and one at Fort Smith, do switching for
certain connecting trunk lines, and yet, by reason of their length
being less than 100 miles, are not covered by the act. Indeed, it
is said that one of them, that at Fort Smith, does switching over
some of the same crossings that plaintiff in error does. The
distinction seems arbitrary if we regard only its letter, but there
may have been considerations which determined it, and the record
does not show the contrary. We have recognized the impossibility of
legislation's being all-comprehensive, and that there may be
practical groupings of objects which will as a whole fairly present
a class of itself, although there may be exceptions in which the
evil aimed at is deemed not so flagrant.
Armour & Co. v.
North Dakota, supra; Miller v. Wilson, 236 U.
S. 373,
236 U. S.
382-383.
Judgment affirmed.