Joseph McKenna

“ In attempting to minimize these cases, or exclude them from authority, it seems to be contended, certainly implied, that by the statute, in case of suit by a claimant, he is excused from establishing his claim. The contention is untenable. The statute is clear and direct in its requirements. If the claim is just there is no injustice in requiring its payment; if the claim is deemed by the company to be unjust, the statute requires a declaration of the fact by its rejection. ”

“ And legislation may make an element of responsibility an early payment of loss or notification of controversy that responsibility may be enforced if it exist. In the legislation under review there is no impediment to investigation. Considering the facilities of the railroad company there is time for investigation and what can be discovered by it, and if controversy is resolved upon, the procedure of the law and the principles which direct the decisions of the law are available against the claim in whole or in part. ”

“ It is admitted the effect of the decisions of this court is that the relation of carriers and shippers is 'a relation so peculiar as to render valid a classification based upon it.' If there may be class assignment, there may be class legislation. In other words, under the concession and the decisions that compel it, railroads have special characteristics and duties, and the legislation that is considerate of and appropriate to those characteristics and duties is due process of law. And this obviously. The service of a railroad is in the public interest ”