Halliday v. Burlington Transp. Co.

COLLET, District Judge.

By its motion to quash the service upon it, defendant challenges the constitutionality of Section 5279, Laws Mo.1931, p. 316, Mo.St.Ann. § 5279, p. 6694.1 It is *109asserted that the statute is deficient under the due process clause of the Federal Constitution (Amendment 14, Section 1) and the corresponding provision of the Missouri Constitution (Article 2; Section 30, Mo.St.Ann.), in that it provides for service on motor carriers (whether an individual or a corporation) by service upon the Secretary of the Public Service Commission without any requirement that the…