St. Paul daily globe., 1894-06-23
VESTIBUlE Law STANDS.
SUPREME COURTS CERTIFICATE or
c000 cHxRAcTER. ,,,o,
rs STAMPED UPON THE ACT.
Supreme Court Says the Measure
Is Within states Police Power;
That 1t Is Not Glass Legislation
Every Point Raised by Street
Railway Is observation-disclosures
Decisions. .9-

livery Point Raised by Street
Railway Is Overruled-Other
Decisions. -'-
The supreme court handed down de-
cisions In eleven cases yesterday, the
most important OF which was the one
declaring the street car vestibule law,
passed by the Legislature Of 1893. con-
stitutionai. The decision is on the test
cases, that of Supt. Hopkins. of this
city. and Supt Dow s.. Smith. of Min
neapolis, who were fined for failurs to
put vestibuls cars on the lines during
the inclement weather.
The district courts of Ramsey and
Hennepin counties are affirmed. jus
tices Collins and Buck took no part in
the consideration OF the case. The
opinion was written by Chief Justice
Gilhlian. Following is an extract:
"Fhe law was passed with reference
to the fact that the man operating OF
controlling the motive power OF sneh
cars was required to staud where his
PERSON was almost wholly exposed to
cold. storm aud wind. having but little
protection. except such as the clothing
affords. The act is assalled as un"On-
stitutional on the grounds that it Is
not an exercise of the police power of
the state; that it is class legislation;
that il impairs the obligation of con-
tract; that it inlerferes with the liberty
OF contract between street railway COM
panies and their employees; that it i'm.
poses an excessive tlne. - +
ut is stipulated as fact, what every
IfxfJH Iy f<,l.~ .k,z
at rate of speed of from four to fifteen
miles all hour, and at an average rate OF
between eight and nine miles an hour.
Any one acquainted with the extreme
cold of much OF the weather of this eli
mate between the 1St of November and
the 1st Of Ap ri. and who knows, as
everybody does, that the motor man on
an electric car is obliged to stand in one
place, always on the alert, his whole at
tentiOn given to the means of control
ling the motive power and the break
and to looking out ahead. and Unable,
with due regard to his duties, 10 give
attention to protecting himself from the
cold, must appreciate that when going
at the rate of eight or nine miles an
hour, perhaps against head wind, an =
with the mercury below zero, the pos j.
ton OF the mOlorman is one not merely
o' oAsS0AA. O'ts "ue OA "SS"". o"nSSA w
health and sometimes to life, and the
tendency OF which is to disable him to
some extent to perfer III his duties in the
way that care 10 safety Of his pass ell
gers and of travellers OF the street re.
Quires.
''It has never been questioned that the
ponce power OF the state extends TO reg
u!atiDg the use of dangerous machinery,
WIN view oI projecting not only OH.
efs. out tnose WHO are employed TO use
II. Ahd II II De Conceded, as II must be,
tnat 1he state may intervene by rtgula-
Mons III sucha case. We 90 not see why
II may not Ill such case as this.
The act Is within the police power.
when subject Is within that power
the exteilt 10 which 1t shall be exercised
and the reg ulations to effect the desired
END are generally WHOLLY In the dlScre-
ton OF the legislature.
Ihe obJectiOn that this IS class iegls-
!atlon Is based Oh the fact that the act
Is conhned TO street cars propelled by
caoie. steam or electricity. and does not
lhcinde street cars drawn ny muleS or
horses, or carriages or wagons. And it
is assumed that here Is an attempt at
purely arbitrary classification for the
purpose OF the act. The evil sought to
oe remedied does not exist IN the
SLOWLY soiLR Hluie Of morse car OF car
riage or wagon to the same degree
as III the case OF cable. electric or steam
cars. But where an evil exists III a va
rlety or cases 1t Is sufficient ground
Tor ciassihcatlon In legisiatlng So as to
include some and exclude others. that
III the FORMER the evil can be remedled.
whiie III Tile latier IL cannot De. Inc
men III control of the cable. electric or
steam railway car may be OOXed In
Witho1t impalring kls power OF control
III Tue siiehtest aegfee. buL 10 Dox IN
Inc driver OF morse OF mule car OF OF
stage coacn or Carriage or wagon,
separating MIN from MS animals, While
OF course II couio De done, would bring
aoout greater evils than tnoSe Soagnt
loCT ..Th iemIuieu nil
oblication nf c.,,,,ract . is nn.ad ~, .se she
fact thar in each case The railway COM
pany had contract with the city made
Defore the passage OF the act, in which
.ne ioIner ponho ltseil 20 run cars oI
tin~ "u,d "md Tiim ,,,;s % s,Yae anu sthn
in addifion tnarsIo ". n,ad nmIv sa1
y. ..a., .aas ~neio patties coutIacs VH
natteiS Witnln the police power or the
state they DO 50 subject to the exercise
OF that power whenever the legislature
chooses to exercise it.
What we have said on the third
poiut made by appellants applies with
equal force to the fourth.
1.-The act Imposes penalty of not less
than $50 nor more than S1OO for viola
tion of the law and makes each day
that cars shall be run without comply
ing with the law separate offense. A
fine of from $50 to $lU0 could not be-
| called excessive. 1t is true the party
may, by repeatedly committing the or
fense, add up large aggregate of fines.
So might the offender against auy other
law-the law against larceny, or emoez.
element. or any other. But that would
not MAKE Inc punishment excessive"
DEPOSIT NOT PREFERRED.
In the case of Mullen ~ trDnwd vs
VIZ 49,, Do"u 70.
w. +. Westlau, assignee OF Seven Cor
ners bank, the court holds that the
plaintiffs had no preference over other