41 S.E. 108 | S.C. | 1902
March 24, 1902. The opinion of the Court was delivered by This action was instituted in a magistrate's court, and carried thence by appeal to the Court of Common Pleas, and from the judgment of the last mentioned Court this appeal has been taken. The object of the action was to recover the penalty imposed by the second section of an act entitled "An act to require all common carriers to pay all loss of, or damage for loss, damage and breakage of any article shipped over their lines, or to refuse to do so within a certain time," approved 25th February, 1897, 22 Stat., 443. The pleadings in the case were more formal than is usual in a magistrate's court, the plaintiff having filed a regular complaint setting forth his cause of action, to which the defendant filed a formal answer setting up two defenses; the latter being that the act of 1897, upon which the plaintiff's action was based, is unconstitutional for two reasons, which are thus stated in the answer: "First, on the ground that it discriminates against common carriers and imposes a penalty upon them for failure to pay claims which is not imposed upon any other citizen of this State.Second, on the ground that it cannot apply to interstate commerce." The case was heard by the magistrate, who rendered *176 judgment in favor of the plaintiff without in any way alluding to the constitutional question presented by the answer. From this judgment defendant appealed to the Circuit Court upon the two grounds set out in the "Case," the two grounds upon which the first exception is based being identical with those stated in the answer, and the second ground of appeal, which is not involved in this appeal, need not be stated here. The Circuit Judge rendered judgment dismissing the appeal and affirming the judgment of the magistrate, and from such judgment of the Circuit Court this appeal has been taken upon the several exceptions set out in the record. The judgment of the Circuit Judge as it appears in the "Case" (except so much thereof as relates to the second exception to the magistrate judgment), together with the exceptions thereto, will be embraced in the report of this case by the Reporter.
It is not very clear from the terms used in the judgment of the Circuit Judge whether he simply held that the constitutional question had not been properly raised, or whether he held that the act in question (1897) was constitutional. We must, therefore, consider the matter in both aspects. If he simply held that the constitutional question was not properly raised and could not, therefore, be considered, then we think he erred in so holding; but whether this was reversible or harmless error, will be presently considered. The Circuit Judge seemed to think that because the defendant, neither in its answer nor in its exceptions to the judgment of the magistrate, designated neither the article nor section of the Constitution with which the act of 1897 was claimed to conflict, although the constitutionalprovision with which the act was claimed to conflict — the clause prohibiting discrimination in legislation — was distinctly specified both in the answer and in the exceptions, the question of the constitutionality of the act was not properly presented. This was, we think, too narrow a view of the matter, especially when applied to pleadings and proceedings in an inferior court, where, as is well known, the *177
same strictness is not required as in a court of general jurisdiction. Indeed, even in a court of general jurisdiction it is not always necessary to specify what particular section of what particular article of the Constitution is violated by the terms of a given act of the legislature. Suppose, for example, a party is desirous of assailing the constitutionality of an act upon the ground that it impairs the obligation of a contract and should so allege, without specifying the particular section of the particular article of the Constitution which forbids the passage of any law impairing the obligations of a contract, could it, for a moment, be successfully contended that in each case the constitutional question had not been properly raised and need not, therefore, be considered? No case has been cited and, so far as we are informed, can be cited, which holds that in order to raise the question of the constitutionality of an act of the legislature, it is necessary to specify the section and the article of the Constitution with which such act is claimed to conflict. On the contrary, where the constitutional provision with which such act is claimed to conflict (as it is here) is plainly specified, that is sufficient. The case of Tompkins v. Railroad Company,
This brings us to the consideration of what is the real question in this case, viz: Whether the act of 1897 is in conflict with the provisions of the Constitution either of this State or that of the United States. The provisions with which the act is claimed to be in conflict, is that contained in sec. 1, of art. XIV., of the Constitution of the United States, and that contained in sec. 5, of art. I., of the Constitution of this State. As these provisions are practically identical, both prohibiting the denial to any person the equal protection of the laws, these two constitutional provisions need not be considered separately. The argument is, as we understand it, that by the provisions in the act of 1897 subjecting common carriers to a penalty for not paying or refusing to pay a claim for any loss of, or damage to, any article entrusted to them for transportation within sixty days from the time when such claims shall be made, the act comes in conflict with the constitutional provision above referred to, and thus, it is contended, discriminates against common carriers, by subjecting them to a liability not imposed upon any other person, or any other class of persons, and thus denying them the equal protection of the *179
laws. It is quite true, that the act of 1897, above referred to (a copy of which is set out in the judgment of the Circuit Court, which is embraced in the report of this case, and, therefore, need not be repeated here), applies only to persons or corporations engaged in the business of common carriers, and has no application to any other person or class of persons; but this does not necessarily bring the act into conflict either with the constitutional provision of this State or that of the United States, as has been held by this Court inMcCandless v. Railroad Co.,
It only remains to consider the appellant's third exception, which imputes error to the Circuit Judge in not holding that the act of 1897 has no application to interstate shipments of freight by common carriers. In the first place, we are unable to perceive anything in the record before us showing that this was an interstate shipment of freight. On the contrary, the allegation in the complaint is that the defendant *182 company did. "on the 18th day of December, 1900, receive a certain lot of plows in the city of Charleston, S.C. consigned to above named plaintiff, at Ridgeland, S.C. and that the plows were damaged in transit." But even if it had appeared to have been an interstate shipment, we do not see wherein our act of 1897 conflicts with the interstate commerce clause of the Constitution of the United States, or with any act of Congress upon that subject. No such act has been cited, and we do not see any suggestion of conflict. The act of 1897 does not purport to regulate or in any way interfere with interstate shipments of freight. It simply imposes a certain duty upon "all common carriers doing business in this State," which in no way relates to the transportation of the freight, but relates to a duty required of the common carrier after the transportation is completed. We do not think that appellant's third exception can be sustained.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.
Remittitur in this case held up on application for writ of error to Supreme Court of United States.