Where a state statute applies to both intrastate and interstate
.shipments, but the shipment involved is wholly intrastate, this
Court will not consider the validity of the statute when applied to
interstate shipments.
A state statute may, without violating the equal protection
clause of the Fourteenth Amendment, put into one class all engaged
in business of a special and public character, and require them to
perform a duty which they can do better and more quickly than
others, and impose a not exorbitant penalty for the nonperformance
thereof.
The statute of South Carolina of 1903 imposing a penalty of
fifty dollars on all common carriers for failure to adjust damage
claims within forty days is not, as to intrastate shipments,
unconstitutional as violative of the Fourteenth Amendment, neither
the classification, the amount of the penalty, nor the time of
adjustment being beyond the power of the state to determine. And so
held in regard to a claim of $1.75, as small shipments are the ones
which especially need the protection of penal statutes of this
nature.
73 S.C. 71 affirmed.
The facts, which involve the constitutionality of a statute of
South Carolina providing for penalty on common carriers for not
promptly adjusting damage claims, are stated in the opinion.
Page 207 U. S. 75
MR. JUSTICE BREWER delivered the opinion of the Court.
The question in this case is the constitutionality of § 2
of an act of the State of South Carolina, approved February 23,
1903 (24 Stat. 81), which reads:
"SEC. 2. That every claim for loss of or damage to property
while in the possession of such common carrier shall be adjusted
and paid within forty days, in case of shipments wholly within this
state, and within ninety days, in case of shipments from without
this state, after the filing of such claim with the agent of such
carrier at the point of destination of such shipment:
Provided, That no such claim shall be filed until after
the arrival of the shipment or of some part thereof at the point of
destination, or until after the lapse of a reasonable time for the
arrival thereof. In every case, such common carrier shall be liable
for the amount of such loss or damage, together with interest
thereon from the date of the filing of the claim therefor
Page 207 U. S. 76
until the payment thereof. Failure to adjust and pay such claim
within the periods respectively herein prescribed shall subject
each common carrier so failing to a penalty of $50 for each and
every such failure, to be recovered by any consignee or consignees
aggrieved, in any court of competent jurisdiction:
Provided, That unless such consignee or consignees recover
in such action the full amount claimed, no penalty shall be
recovered, but only the actual amount of the loss or damage, with
interest as aforesaid:
Provided, further, That no common
carrier shall be liable under this act for property which never
came into its possession, if it complies with the provisions of
§ 1710, vol. 1, of the Code of Laws of South Carolina,
1902."
The difference between the value of the goods shipped and the
freight charges, $1.75, and the amount of the penalty, $50,
naturally excites attention. The supreme court of the state held
the section constitutional -- a decision conclusive so far as the
state constitution is concerned -- and therefore we are limited to
a consideration of its alleged conflict with the Constitution of
the United States. The shipment was wholly intrastate, being from
Columbia, S.C., to McBee, S.C., and undoubtedly subject to the
control of the state. It is, of course, unnecessary to consider the
validity of the statute when applied to a shipment from without the
state.
It is contended that the equal protection of the laws,
guaranteed by the first section of the Fourteenth Amendment, is
denied. The power of classification is conceded, but this will not
uphold one that is purely arbitrary. There must be some substantial
foundation and basis therefor. It is asserted that this is merely
legislation to compel carriers to pay their debts within a given
time, by an unreasonable penalty for any delay, while no one else
is so punished, and that there is no excuse for such distinction.
We have had before us several cases involving classification
statutes, and while the principles upon which classifications may
rightfully be made are clear and easily stated, yet the application
of those principles to the different
Page 207 U. S. 77
cases is often attended with much difficulty.
See,
among others, on the general principles of classification,
Barbier v. Connolly, 113 U. S. 27;
Bell's Gap Railroad Company v. Pennsylvania, 134 U.
S. 232, and of cases making application of those
principles;
Gulf, Colorado & Santa Fe Railway Company v.
Ellis, 165 U. S. 150;
A., T. & S.F. R. Co. v. Matthews, 174 U. S.
96, and cases cited in the opinion;
Erb v.
Morasch, 177 U. S. 584;
Fidelity Mutual Life Association v. Mettler, 185 U.
S. 308;
Farmers' &c. Ins. Co. v. Dobney,
189 U. S. 301;
M., K. & T. Ry. Co. v. May, 194 U.
S. 267.
We are of the opinion that this case comes within the limits of
constitutionality. It is not an act imposing a penalty for the
nonpayment of debts. As the Supreme Court of South Carolina said in
Best v. Seaboard Air Line R. Co., 72 S.C. 479, 484:
"The object of the statute was not to penalize the carrier for
merely refusing to pay a claim within the time required, whether
just or unjust, but the design was to bring about a reasonably
prompt settlement of all proper claims, the penalty, in case of a
recovery in a court, operating as a deterrent of the carrier in
refusing to settle just claims, and as compensation of the claimant
for the trouble and expense of the suit which the carrier's
unreasonable delay and refusal made necessary."
This ruling of the supreme court finds support, if any be
needed, in the preamble of the statute, which reads:
"An Act to Regulate the Manner in Which Common Carriers Doing
Business in This state Shall Adjust Freight Charges and Claims for
Loss of or Damage to Freight."
It is not an act leveled against corporations alone, but
includes all common carriers. The classification is based solely
upon the nature of the business, that being of a public character.
It is true that no penalty is cast upon the shipper, yet there is
some guaranty against excessive claims in that, as held by the
supreme court of the state in
Best v. Railroad Company,
supra, there can be no award of a penalty unless there be a
recovery of the full amount claimed.
Page 207 U. S. 78
Further, the matter to be adjusted is one peculiarly within the
knowledge of the carrier. It receives the goods and has them in its
custody until the carriage is completed. It knows what it received
and what it delivered. It knows what injury was done during the
shipment, and how it was done. The consignee may not know what was
in fact delivered at the time of the shipment, and the shipper may
not know what was delivered to the consignee at the close of the
transportation. The carrier can determine the amount of the loss
more accurately and promptly and with less delay and expense than
anyone else, and for the adjustment of loss or damage to shipments
within the state forty days cannot be said to be an unreasonably
short length of time. It may be stated as a general rule that an
act which puts in one class all engaged in business of a special
and public character, requires of them the performance of a duty
which they can do better and more quickly than others, and imposes
a not exorbitant penalty for a failure to perform that duty within
a reasonable time, cannot be adjudged unconstitutional as a purely
arbitrary classification.
While in this case the penalty may be large as compared with the
value of the shipment, yet it must be remembered that small
shipments are the ones which especially need the protection of
penal statutes like this. If a large amount is in controversy, the
claimant can afford to litigate. But he cannot well do so when
there is but the trifle of a dollar or two in dispute, and yet
justice requires that his claim be adjusted and paid with
reasonable promptness. Further, it must be remembered that the
purpose of this legislation is not primarily to enforce the
collection of debts, but to compel the performance of duties which
the carrier assumes when it enters upon the discharge of its public
functions. We know there are limits beyond which penalties may not
go even in cases where classification is legitimate; but we are not
prepared to hold that the amount of penalty imposed is so great, or
the length of time within which the adjustment and payment are to
be
Page 207 U. S. 79
made is so short, that the act imposing the penalty and fixing
the time is beyond the power of the state.
The judgment of the Supreme Court of South Carolina is
Affirmed.