Joseph McKenna

“ A right of action for the penalty was given to contiguous owners. The act was sustained, but certain distinctions between that statute and the Indiana statute are pointed out. These distinctions are: (1) The Texas statute gave the penalty to dontiguous landowners; the Indiana statute gives it to 'any person feeling himself aggrieved.' (2) The Texas statute required the contiguous landowner to be free from the same neglect; the Indiana statute does not impose this limitation. (3) The Texas statute is limited to the railroad's rights of way ”

“ How discriminating and arbitrary these distinctions make the Indiana statute as compared with the Texas statute, and remove the latter from authority, is variously illustrated by plaintiff in error.
The supreme court of Indiana is not specific as to these contentions. On the authority of Pennsylvania Co. v. State, 142 Ind. 428, 41 N. E. 937, and Western U. Teleg. Co. v. Ferguson, 157 Ind. 37, 60 N. E. 679, the court decided that it was neither necessary to aver in the complaint nor prove that the person bringing the action had suffered actual damages. ”

“ As offending against the equal protection assured by the 14th Amendment the company complains that occupiers of land are separated into two classes-' (1) railway corporations, and (2) all others.' This, it is insisted, is an unnatural and unjustifiable classification with respect to the obligation imposed of cutting down weeds growing on lands occupied, as there is no relation between the line of division of the classes and the subject matter. ”