CHICAGO, R.I. & P. RY. CO. V. PERRY, 259 U. S. 548 (1922)

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U.S. Supreme Court

Chicago, R.I. & P. Ry. Co. v. Perry, 259 U.S. 548 (1922)

Chicago, Rock Island & Pacific Railway Company v. Perry


Argued April 20, 1921

Restored to docket for reargument June 6, 1921

Reargued October 6, 1921

Decided June 5, 1922

259 U.S. 548


1. Where an issue upon the constitutionality of a state statute, though not actively litigated in the trial court, is actually decided by the state court of last resort in favor of the statute, its judgment is reviewable here under Jud.Code, § 237, as amended September 6, 1916. P. 259 U. S. 551.

2. The law of Oklahoma requiring public service corporations to issue to employees, when discharged from or voluntarily quitting their service, letters setting forth the nature of service rendered by such employees, and its duration, with a true statement of the cause of discharge or leaving, is consistent with due process and the equal protection of the laws. Pp. 259 U. S. 555-556. Prudential Insurance Co. v. Cheek, ante, 259 U. S. 530.

Page 259 U. S. 549

3. Provisions that such letters shall be on plain paper selected by the employee, signed in ink and sealed by the superintendent or manager, and free from superfluous figures, words, designs, etc., are likewise valid. P. 259 U. S. 555.

75 Okla. 25 affirmed.

Error to a judgment of the Supreme Court of Oklahoma affirming a judgment for the plaintiff Perry in his action for damages against the railway company.

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