Page:Federal Reporter, 1st Series, Volume 5.djvu/511

 BBOWN V. UEMPHIS ie O.B. 00. 49$ �bill of exceptions at this time. But one exception was aetu- ally taken and saved at the trial, which is the one before noticed. Only such as are so saved can be included in a bill of ■ exceptionô. U. S. v. Breitlin^, supra. �During fhe trial the plaintiffa were allowed to amend by addingto their complaint a number of counts on accounts stated. These amendments are ail put into the bill as pro- posed by defendant, but are not properly there. The amend- ments are ail matters of record, and no bill of exception is needed to bring them on the record. The bill as prepared also contains a statement of ail the testimony in the case. This eannot avail as a special finding of f acts. Norris v. Jackson, 9 Wall. 125. Only so much of. the evidence as is necessary to point the exception ought to be included in the bill. �A bill embracing the exception stated will, if desired, be sealed and filed. ���Beown V. Memphis & C, E. Co. �yOireuit CouH, W. D. Tennessee. October 30, 1880.) �1. CONSTITDTIONAI, LaW — IntBB-BtATB COMMERCE— lUlLnoADS—TœH'^ �^ESSBB— AcT 1875, c, 130. �A 8tate statute which abrogates ail common-law remedies for the ■wrongful exclusion of a passenger from the cars of a railroad Com- pany is unconstitutional, so far as it relates to railroads running between iwo or more States, it being a regulation of inter-state com- merce that the state has no power to make. �2. Cabbieb of Passengeks— Fkmale Passengeb— Unchastity— Kea- �bonable regttlatioii. �A carrier t)f pàssengers may rightf ully exclude a passenger whose conduct at the time is annoying, or whose reputation for misbehavior is so notoriously bad that it f urnishes a reasonable ground to believe that the person will be offensive to other pàssengers ; but the social penalties of exclusion of unchaste women from hôtels, theaters, and other public places eannot be imported into the law of common car- riers; nor can the carrier classify his pàssengers according to theii respective reputations for chastity, whether they be men or women. ����