Joseph McKenna

“ What grievance plaintiff in error might have if it were not operating a railroad, we are not called upon to consider, because it is limited in its complaint to the effect of the statute on it, and cannot appropriate the grievance that corporations engaged in mining, but not operating railroads, may have on account of the distinction made between them and individuals. ”

“ In support of the motion to dismiss, it is contended that the state court decided that the act assailed is an amendment to the charter of the corporation under the reserved right to amend, alter, or repeal the charter, and of this the corporation cannot complain, the exertion of such right being a condition of its existence. ”

“ The defendant in error brought this action against the plaintiff in error in the Saline circuit court of the state of Arkansas to recover for personal injuries alleged to have been received by him while in the employment of the company, which maintained a railroad to its mines, on account of the negligence of a fellow servant. ”