“ As it results that at the time the writ of error was sued out it had been conclusively settled by the decisions of this court that both grounds relied upon were devoid of merit, we think the alleged constitutional questions were too frivolous to sustain jurisdiction, and we therefore maintain the motion which has been made to dismiss, and our judgment will be, dismissed for want of jurisdiction. ”

“ The constitutional objection to the first statute is that the classification for which it provided was so unequal as to cause the statute to be in conflict with the 14th Amendment. The classification was this: 'Every employee of a railroad corporation, and all other corporations and individuals, using engines, locomotives, or cars of any kind or description whatsoever, propelled by the dangerous agencies of steam, electricity, gas, gasolene, or lever power, and running on tracks, . ”