common carrier so failing to a penalty of fifty dollars 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 his possession, if it complies with the provisions of section 1710, volume 1, of the Code of Laws of South Carolina, 1902."

The last proviso, as the circuit court correctly held, has no application to carriers into whose possession the goods have come. Construing the statute in Seegers v. Seaboard Air Line Ry., 73 S. C. 71, 121 Am. St. Rep. 921, 52 S. E. 797, the court said: "The duty to make prompt settlement for loss or damage to goods is but an incident of the duty to transport and deliver safely and with reasonable diligence, The statute in question was designed to effectuate an important public purpose, viz., to compel the common carrier to perform with reasonable diligence the duty which peculiarly appertains to his business as a carrier of freight. The penalty is but a means to that end."

While it is not easy to define the exact limits of the operation of state laws as affecting interstate commerce, we have no hesitation in saying that the statute in question, as it affects carriers doing business in this state, who fail or refuse to adjust and pay the loss of or damage to goods while in their possession, is no unlawful interference with interstate commerce, even as applied to an interstate shipment. The penalty imposed is for a delict of duty appertaining to the business of a common carrier, and in so far as it may affect interstate commerce, it is an aid thereto by its tendency to promote safe and prompt delivery of goods, or its legal equivalent-prompt settlement of proper claim for damages. No penalty can attach except upon the establishment in a court of a default of duty imposed by statute. The statute 42 does not attempt to regulate interstate commerce and imposes no tax or burden thereon. It is supported by the general principle declared in Sherlock v. Alling, 93 U. S. 99, 23 L. ed. 819, and enforced in Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. Rep. 564, 31 L. ed. 508, and Nashville etc. R. R. v. Alabama, 128 U. S. 96, 9 Sup. Ct. Rep. 28, 32 L. ed. 352, that state legislation "relating to the rights, du

ties and liabilities of citizens, and only indirectly and remotely affecting the operations of commerce is of obligatory force upon citizens within the territorial jurisdiction, whether on land or water, or engaged in commerce foreign or interstate, or in any other pursuit.'

In the case of Western Union Tel. Co. v. James, 162 U. S. 650, 16 Sup. Ct. Rep. 934, 40 L. ed. 1105, a statute of Georgia requiring telegraph companies to transmit and deliver dispatches with impartiality, good faith and diligence under penalty of one hundred dollars in each case, in the absence of legislation by Congress on the subject, was held not to be an unwarrantable interference with interstate commerce as to messages without the state.

The exceptions are overruled and the judgment of the circuit court is affirmed.

The Cases of Cooper v. Seaboard Air Line Ry., 78 S. C. 81, 58 S. E. 93, and Von Lehe v. Atlantic Coast Line Ry., 59 S. E. 135, are both ruled and decided by the principle laid down in the last paragraph of the syllabus of the principal case, ante, p. 762.

The Liability of an Initial Carrier for the torts and negligence of connecting lines is discussed in the note to Pennsylvania Co. v. Loftis, 106 Am. St. Rep. 604; and the burden of proof as between connecting carriers to show who is at fault for a loss or injury is discussed in the note to Beede v. Wisconsin Cent. Ry. Co., 101 Am. St. Rep. 392. In an action against an initial carrier of two or more connecting lines, the burden of proof is upon the plaintiff to show that the damages occurred on its line; but in a suit against the last or delivering carrier, the burden is upon it to show that the damage was not done on its line: St. Louis etc. R. R. Co. v. Pearce, 82 Ark. 353, 118 Am. St. Rep. 75. See, also, St. Louis etc. Ry. Co. v. Coolidge, 73 Ark. 112, 108 Am. St. Rep. 21; Rolfe v. Lake Shore etc. Ry. Co., 144 Mich. 169, 115 Am. St. Rep. 388.

A Statute Providing that Common Carriers shall adjust freight charges and claims for loss or damage to freight within a named time, and that if this is not done they shall be liable to a penalty, is not unconstitutional as violative of the equality clause of the fourteenth amendment to the United States constitution, or of a similar provision in a state constitution: Seegers Bros. v. Seaboard Air Line Ry., 73 S. C. 71, 121 Am. St. Rep. 921, and see note thereto.

VENNING v. ATLANTIC COAST LINE RAILROAD COMPANY.

[78 S. C. 42, 58 S. E. 983.]

CARRIERS-Interstate Commerce-Constitutional

Law.-A

statute which makes each carrier the agent of its connecting carrier, from whom it receives freight, and makes each such agent liable for the default of its connecting carrier, is unconstitutional, as an unlawful interference with the interstate commerce clause of the constitution of the United States. (pp. 776, 777.)

CARRIERS-Constitutional Law.-A statute making each carrier the agent of its connecting carrier, from whom it receives freight, and making such agent liable for the default of its connecting carrier, is not unconstitutional as being in contravention of the fourteenth amendment to the national constitution, as denying to common carriers the equal protection of the laws. (p. 777.)

CARRIERS-Failure to Adjust Loss-Application of Statute.— A statute providing a penalty for a failure to pay or adjust a loss or damage to freight within a certain time must be construed to apply only to a loss or damage to freight occurring on the line of the railroad sued within the state. (p. 778.)

STATUTES-Construction-Provisos.-In construing statutes, a provision therein cannot be extended by implication to cover that which is opposed to the express language of the main enactment. (p. 779.)

Following are the statutes referred to in the main opinion: "Code of 1902, sec. 1710: When under contract for shipment of freight or express over two or more common carriers, the responsibility of each or any of them shall cease upon delivery to the connecting line 'in good order,' and if such freight or express has been lost, damaged or destroyed, it shall be the duty of the initial, delivering or terminal road, upon notice of such loss, damage or destruction being given to it by the shippers, consignee, or their assigns, to adjust such loss or damage with the owners of said goods within forty days, and upon failure to discharge such duty within forty days after such notice, or to trace such freight and inform the said party so notifying when, where and by which carrier the said freight or express was lost, damaged or destroyed, within said forty days, then said carrier shall be liable for all such loss, damage or destruction in the same manner and to the same extent as if such loss, damage or destruction occurred on its lines: Provided, That if such initial, terminal or delivering road can prove that, by the exercise of due diligence, it has been unable to trace the line upon which such loss, damage or destruction occurred, it shall thereupon be excused from liability under this section."

"AN ACT TO FURTHER DEFINE CONNECTING LINES OF COM

MON CARRIERS AND TO FIX THEIR LIABILITIES.

"SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That all common carriers over whose transportation lines, or parts thereof, any freight, baggage or other property received by either of such carriers for through shipment or transportation by such carriers on a contract for through carriage, recognized, acquiesced in or acted upon by such carriers, shall in this state, with respect to the undertaking and matters of such transportation, be considered and construed to be connecting lines, and be deemed and held to be the agents of each other, each the agent of the others, and all the others the agents of each, and shall be held and deemed to be under a contract with each other and with the shipper, owner and consignees of such property for the safe and speedy through transportation thereof from point of shipment to destination; and such contract as to the shipper, owner or consignee of such property shall be deemed and held to be the contract of each of such common carriers; and in any of the courts of this state, any through bill of lading, way bill, receipt, check or other instrument issued by either of such carriers, or other proof showing that either of them has received such freight, baggage or other property for such through shipment or transportation, shall constitute prima facie evidence of the subsistence of the relations, duties and liabilities of such carriers as herein defined and prescribed, notwithstanding any stipulations or attempted stipulations to the contrary by such carriers, or either of them.

"SEC. 2. For any damages for injury, or damage to, or loss, or delay of any freight, baggage or other property sustained anywhere in such through transportation over connecting lines, or either of them, as contemplated and defined in the next preceding section of this act, either of such connecting carriers which the person or persons sustaining such damages may first elect to sue in this state therefor, shall be held liable to such person or persons, and such carrier so held liable to such person or persons shall be entitled in a proper action to recover the amount of any loss, damage or injury it may be required to pay such person or persons from the carrier through whose negligence the losses. damage or injury was sustained, together with costs of suit.

Am. St. Rep., Vol. 125-49

"SEC. 3. That this act shall take effect immediately upon its approval by the Governor, and all acts and parts of acts inconsistent with this act are hereby repealed.

"Approved the 13th day of May, A. D. 1903. 24 Stat. 1." "AN ACT TO REGULATE THE MANNER IN WHICH COMMON CARRIERS DOING BUSINESS IN THIS STATE SHALL ADJUST FREIGHT CHARGES AND CLAIMS FOR LOSS OR DAMAGE TO FREIGHT.

"SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That from and after the passage of this act, all common carriers doing business in this State shall settle their freight charges according to the rate stipulated in the bill of lading: Provided, The rate therein stipulated be in conformity with the classification and rates made and filed with the Interstate Commerce Commission, in case of shipments from without this State, and with those of the Railroad Commissioners of this State, in case of shipments wholly within this State; by which classification and rates all consignees shall in all cases be entitled to settle freight charges with such carriers; and it shall be the duty of such common carrier to inform any consignee or consignees of the correct amount due for freight, according to such classifications and rates; and upon payment and tender of the amount due on any shipment, or on any part of any shipment, which has arrived at its destination, according to such classifications and rates, such common carrier shall deliver the freight in question to the consignee or consignees, and any failure or refusal to comply with the provisions hereof shall subject each such carrier so failing or refusing to a penalty of fifty dollars for each such failure or refusal, to be recovered by any consignee or consignees aggrieved by suit in any court of competent jurisdiction.

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 foily 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