2033

STATE CONSTITUTIONAL AND STATUTORY

PROVISIONS AND MUNICIPAL ORDINANCES

HELD UNCONSTITUTIONAL ON THEIR

FACE OR AS ADMINISTERED

(1789–1992)

2035

STATE ACTS HELD UNCONSTITUTIONAL

Hereinafter presented are brief summaries of Supreme Court decisions

in which provisions of state constitutions, statutes, and municipal ordinances were found to be unconstitutional either in substance or as enforced,

including provisions which conflicted with federal legislative acts and were

therefore void because of the supremacy clause. Appended thereto are the

names of the Justices who concurred in, and dissented from, such rulings.

The names of the Justices have not been set forth when their decisions were

unanimous.

I. STATE CONSTITUTIONAL PROVISIONS AND STATUTES

1. United States v. Peters, 9 U.S. (5 Cr.) 115 (1809)

A Pennsylvania statute prohibiting the execution of any process

issued to enforce a certain sentence of a federal court, on the ground

that the federal court lacked jurisdiction in the cause, could not oust

the federal court of jurisdiction. A state statute purporting to annul

the judgment of a court of the United States and to destroy rights acquired thereunder is without legal foundation.

2. Fletcher v. Peck, 10 U.S. (6 Cr.) 87 (1810)

A Georgia statute annulling conveyance of public lands authorized by a prior enactment was violative of the obligation of contracts

clause (Art. I, § 10) of the Constitution.

Justices Concurring: Marshall, C.J., Washington, Livingston, Todd.

Justice Dissenting: Johnson (in part).

3. New Jersey v. Wilson, 11 U.S. (7 Cr.) 164 (1812).

A New Jersey law purporting to repeal an exemption from taxation contained in a prior enactment conveying certain lands was violative of the obligation of contracts clause (Art. I, § 10).

4. Terrett v. Taylor, 13 U.S. (9 Cr.) 43 (1815).

Although subsequently cited as a contract clause case (Piqua

Branch Bank v. Knoop, 16 How. (57 U.S.) 369, 389 (1853)), the Court

in the instant decision, without referring to the obligation of contracts

clause (Art. I, § 10), voided, as contrary to the principles of natural

justice, two Virginia acts which purported to divest the Episcopal

Church of title to property ‘‘acquired under the faith of previous

laws.’’

5. Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122 (1819).

Retroactive operation of a New York insolvency law to discharge

the obligation of a debtor on a promissory note negotiated prior to its

adoption violated the obligation of contracts clause (Art. I, § 10).
2036 STATE ACTS HELD UNCONSTITUTIONAL

6. McMillan v. McNeil, 17 U.S. (4 Wheat.) 209 (1819).

A Louisiana insolvency law had no extraterritorial operation, and

although adopted in 1808, its invocation to relieve a debtor of an obligation contracted by him in 1811, while a resident of South Carolina,

offended the obligation of contracts clause (Art. I, § 10).

7. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819).

Under the principle of national supremacy (Art. VI) whereunder

instrumentalities of the Federal Government are immune for state

taxation, a Maryland law imposing a tax on notes issued by a branch

of the Bank of United States was held unconstitutional.

8. Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518 (1819).

A New Hampshire law which altered a charter granted to a private eleemosynary corporation by the British Crown prior to the Revolution was deemed violative of the obligation of contracts clause (Art.

I, § 10).

Justices Concurring: Marshall, C.J., Washington, Johnson, Livingston, Story.

Justice Dissenting: Duvall.

9. Farmers’ and Mechanics’ Bank v. Smith, 19 U.S. (6 Wheat.) 131 (1821).

A state insolvency law, insofar as it purported to discharge a

debtor from obligations contracted prior to its passage, was violative

of the obligation of contracts clause (Art. I, § 10).

10. Green v. Biddle, 21 U.S. (8 Wheat.) 1 (1823).

Inasmuch as the compact between Virginia and Kentucky negotiated on the occasion of the separation of the latter from the former

stipulated that rights in lands within the ceded area should remain

valid and secure under the laws of Kentucky, and should be determined by Virginia law as of the time of separation, a subsequent Kentucky law which diminished the rights of a lawful owner by reducing

the scope of his remedies against an adverse possessor violated the

obligation of contracts clause (Art. I, § 10)

Justice Concurring: Johnson (separately).

11. Society for the Propagation of the Gospel v. New Haven, 21 U.S. (8

Wheat.) 464 (1823).

The property of a charitable corporation chartered by the Crown,

being specifically protected by the treaty of peace of 1783, an act of

Vermont adopted in 1794 and purporting to convey such property to

local subdivisions was void.

12. Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824).

By reason of conflict with the federal licensing act of 1793 authorizing vessels to navigate coastal waters, a New York statute granting

to certain persons an exclusive right to navigate New York waters

was void.
STATE ACTS HELD UNCONSTITUTIONAL 2037

13. Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824).

An Ohio statute levying a tax on the Bank of the United States,

a federal instrumentality, was unenforceable (Art VI).

Justices Concurring: Marshall, C.J., Washington, Todd, Duvall, Story, Thompson.

Justice Dissenting: Johnson.

14. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213 (1827).

(1) Although a state insolvency law may be applied to discharge

a debt contracted subsequently to the passage of such law, (2) the

statute could not be accorded extraterritorial enforcement to the extent of discharging a claim sought to be collected by a citizen of another State either in a federal court or in the courts of other States.

Justices Concurring: Johnson, Marshall, C.J., Duvall, Story.

Justices Dissenting: Washington, Thompson, Trimble.

15. Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827).

A Maryland statute which required an importer to obtain a license before reselling in the original package articles imported from

abroad was in conflict with the federal power to regulate foreign commerce (Art. I, § 8, cl. 3) and with the constitutional provision (Art. I,

§ 10, cl. 2) prohibiting States from levying import duties.

Justices Concurring: Marshall, C.J., Washington, Johnson, Duvall, Story,

Trimble.

Justice Dissenting: Thompson.

16. Craig v. Missouri, 29 U.S. (4 Pet.) 410 (1830).

A Missouri act, under the authority of which certificates in denominations of 50 to $10 were issued, payable in discharge of taxes

or debts owned to the State and of salaries due public officers violated

the constitutional prohibition (Art. I, § 10, cl. 10) against emission of

‘‘bills of credit’’ by States. Justices Concurring: Marshall, C.J., Duvall,

Story, Baldwin.

Justices Dissenting: Johnson, Thompson, McLean.

17. Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832).

A Georgia law which imposed penalties on white persons who,

without first obtaining a license therefor, established a residence

within the limits of the Cherokee Nation, was unenforceable by reason of conflict with treaties negotiated by the United States with such

Indian tribes and by virtue of extending to an area beyond the jurisdiction of the State.

18. Boyle v. Zacharie, 31 U.S. (6 Pet.) 635 (1832).

Consistently with the principle of Ogden v. Saunders, a Maryland

insolvency law could not be invoked to effect discharge of an obligation contracted in Louisiana subsequently to its passage.
2038 STATE ACTS HELD UNCONSTITUTIONAL

19. Dobbins v. Commissioners of Erie County, 41 U.S. (16 Pet.) 435 (1842).

A Pennsylvania law which diminished the compensation of a federal officer by subjecting him to county taxes imposed an invalid burden on a federal instrumentality (Art. VI).

20. Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539 (1842).

A Pennsylvania statute (1826) which penalized an owner’s recovery of a runaway slave was violative of Art. IV, § 2, cl. 3, and federal

legislation implementing the latter provision.

Justices Concurring: Story, Catron, McKinley, Taney, C.J. (separately),

Thompson (separately), Baldwin (separately), Wayne (separately), Daniel

(separately), McLean (separately).

21. Bronson v. Kinzie, 42 U.S. (1 How.) 311 (1843).

Illinois mortgage moratorium law which, when applied to a mortgage negotiated prior to its passage, reduced the remedies of the

mortgage lender by conferring a new right of redemption upon a defaulting borrower, impaired an obligation of contract contrary to Art.

I, § 10, of the Constitution.

Justices Concurring: Taney, C.J., Baldwin, Wayne, Catron, Daniel.

Justice Dissenting: McLean.

22. McCracken v. Hayward, 43 U.S. (2 How.) 608 (1844).

Illinois mortgage moratorium law, which, when applied to a mortgage executed prior to its passage, diminished remedies of the mortgage lender by prohibiting consummation of a foreclosure unless the

foreclosure price equaled two-thirds of the value of the mortgaged

property, impaired the lender’s obligation of contract contrary to Art.

I, § 10, of the Constitution.

23. Gordon v. Appeal Tax Court, 44 U.S. (3 How.) 133 (1845).

As to stockholders of Maryland state banks afforded an exemption under prior act of 1821, Maryland statute of 1841 taxing these

stockholders impaired the obligation of contract.

24. Searight v. Stokes, 44 U.S. (3 How.) 151 (1845).

Inasmuch as under federal acts ceding to Pennsylvania that part

of the Cumberland Road within its limits, and Pennsylvania laws accepting the same, the carriage of mail over said road was to be free

from toll, later Pennsylvania law imposing tolls on coaches transporting passengers could not extend to the mail carried therein.

Justices Concurring: Taney, C.J., Story, Wayne, Catron, McKinley, Nelson.

Justices Dissenting: McLean, Daniel.

25. Neil, Moore & Co. v. Ohio, 44 U.S. (3 How.) 720 (1845).

Ohio toll levied on passengers transported on mail coaches traversing Cumberland Road in that State, but which exempted pas-
STATE ACTS HELD UNCONSTITUTIONAL 2039

sengers traveling on other coaches, was void by reason of conflict with

the terms of federal and Ohio acts adopted in relation to transfer and

acceptance of said part of the road by Ohio.

Justices Concurring: Taney, C.J., Story, McLean, Wayne, Catron, McKinley,

Nelson.

Justice Dissenting: Daniel. 2

26. Planters’ Bank v. Sharp, 47 U.S. (6 How.) 301 (1848).

Mississippi law which nullified the power of a bank under a previously issued charter to discount bills of exchange and promissory

notes and to institute actions for collection of the same was void by

reason of imparing an obligation of contract (Art. I, § 10).

Justices Concurring: McLean, Wayne, Catron, Nelson, Woodbury, Grier.

Justices Dissenting: Taney, C.J., Daniel.

27. Passenger Cases, 48 U.S. (7 How.) 283 (1849).

Collection by New York and Massachusetts of per capita taxes on

alien and domestic passengers arriving in the ports of these States

was violative of the federal power to regulate foreign and interstate

commerce (Art. I, § 8, cl. 3).

Justices Concurring: McLean (separately), Wayne (separately), Catron (separately), McKinley (separately), Grier (separately).

Justices Dissenting: Taney, C.J. (separately), Daniel (separately), Woodbury

(separately), Nelson.

28. Woodruff v. Trapnall, 51 U.S. (10 How.) 190 (1851).

A judgment debtor of the State of Arkansas tendered, in satisfaction of the judgment, banknotes in circulation at the time of the repeal by the State of that section of the said bank’s charter providing

that such notes should be received in discharge of public debts. By

reason of the inhibition of the contract clause of the Constitution, the

legislative repeal could neither affect such notes nor abrogate the

pledge of the State to receive them in payment of debts.

Justices Concurring: Taney, C.J., McLean, Wayne, McKinley, Woodbury.

Justices Dissenting: Catron, Daniel, Nelson, Grier.

29. Achison v. Huddleson, 53 U.S. (12 How.) 293 (1852).

Inasmuch as by the terms of a Maryland statute, assented to by

Congress, no toll was to be levied by that State on passenger coaches

carrying mails over the Cumberland Road, later Maryland law imposing tolls on passengers in such coaches was void by reason of conflict

with an earlier compact between Maryland and the Federal Government and also by virtue of imposing a burden on federal carriage of

the mails (Art. VI).
2040 STATE ACTS HELD UNCONSTITUTIONAL

30. Trustees for Vincennes University v. Indiana, 55 U.S. (14 How.) 268

(1853).

Inasmuch as the incorporation by the territorial legislature of the

University in 1806 operated to vest in the latter certain federal lands

reserved for educational purposes, subsequent enactment by Indiana

ordering the sale of such lands and use of the proceeds for other purposes was invalid because of impairment of the contractual rights of

the University.

Justices Concurring: McLean, Wayne, Nelson, Grier, Curtis.

Justices Dissenting: Taney, C.J., Catron, Daniel.

31. Curran v. Arkansas, 56 U.S. (15 How.) 304 (1854).

Retroactive laws which vested all property of the state bank in

Arkansas and thereby prevented it from honoring its outstanding bills

payable on demand to the holders thereof impaired the contractual

rights of the latter and were void.

Justices Concurring: Taney, C.J., McLean, Wayne, Grier, Curtis, Campbell.

Justices Dissenting: Catron, Daniel, Nelson.

32. State Bank of Ohio v. Knoop, 57 U.S. (16 How.) 369 (1854).

Inasmuch as state banks, on acceptance of a charter under the

Ohio banking law of 1845, were directed, in lieu of all taxes, to pay

six percent of annual dividends to the States, a later statute which

exposed these banks to higher taxes effected an invalid impairment

of the obligation of contract.

Justices Concurring: Taney, C.J., McLean, Wayne, Nelson, Grier, Curtis.

Justices Dissenting: Catron, Daniel, Campbell.

33. Hays v. The Pacific Mail Steamship Co., 58 U.S. (17 How.) 596 (1855).

California lacked jurisdiction to impose property taxes on vessels

owned by a New York company and registered in New York as their

home port which engaged in the coastwise trade entailing calls at

California ports which were too brief to establish a tax situs.

Justices Concurring: Taney, C.J., McLean, Wayne, Catron, Nelson, Grier, Curtis, Campbell.

Justices Dissenting: Daniel.

34. Dodge v. Woolsey, 59 U.S. (18 How.) 331 (1856).

Levy under an 1851 Ohio law of a bank tax at a higher rate than

that specified in the bank’s charter in 1845 was invalid by reason of

impairment of the obligation of contract.

Justices Concurring: Taney, C.J., McLean, Wayne, Nelson, Grier, Curtis.

Justices Dissenting: Catron, Daniel, Campbell.

35. Sinnot v. Davenport, 63 U.S. (22 How.) 227 (1860).

An Alabama statute requiring owners of steamboats navigating

the waters of that State to register under the penalty of a $500 fine
STATE ACTS HELD UNCONSTITUTIONAL 2041

for each offense was in conflict with the act of Congress providing for

the enrollment and license of vessels engaged in the coastwise trade

and therefore inoperative.

Accord: Foster v. Davenport, 63 U.S. (22 How.) 244 (1860), which

held that this statute also was inoperative when applied to a lighter

and a towboat assisting the movement wholly within Alabama territorial waters of vessels engaged in foreign and interstate commerce.

36. Almy v. California, 65 U.S. (24 How.) 169 (1861).

A California stamp tax imposed on bills of lading for gold or silver transported from California to any place outside the State was

void as a tax on exports forbidden by Art. I, § 10, cl. 2 of the Constitution.

37. Howard v. Bugbee, 65 U.S. (24 How.) 461 (1861).

An Alabama statute authorizing redemption of mortgaged property in two years after sale under a foreclosure decree, by bona fide

creditors of the mortgagor could not be applied to sales under mortgages executed prior to the enactment without invalid impairment of

the obligation of contracts (Art. I, § 10).

38. Bank of Commerce v. New York City, 67 U.S. (2 Black) 620 (1863).

Securities of the United States being exempt from state taxation,

inclusion of the value thereof in the capital of a bank subjected to taxation by the terms of a New York law rendered the latter void.

Accord: Bank Tax Case, 69 U.S. (2 Wall.) 200 (1865).

39. Hawthorne v. Calef, 69 U.S. (2 Wall.) 10 (1865).

A Maine statute terminating the liability of corporate stock for

the debts of the corporation impaired the obligation of contracts as respects claims of creditors outstanding at the time of such termination.

40. The Binghamton Bridge, 70 U.S. (3 Wall.) 51 (1866).

An obligation of contract was impaired when a state legislature,

after having issued a charter to a bridge company containing assurances that erection of other bridges within two miles of said bridge

would not be authorized, subsequently chartered a second company to

construct a bridge within a few rods of the first.

41. Van Allen v. The Assessors, 70 U.S. (3 Wall.) 573 (1866).

A New York law authorizing localities to tax as personal property

national bank stock held by residents, but which imposed no comparable tax on shares of state banks, was violative of federal legislation authorizing state taxation of national bank stock at rates no

higher than those imposed on state bank shares. Taxation of the capital of state banks did not provide such equality, for that part of the

capital of state banks invested in federal securities was exempt.
2042 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Grier, Davis, Nelson, Clifford, Miller, Field.

Justices Dissenting: Chase, C.J., Wayne, Swayne.

42. Accord: Bradley v. Illinois, 71 U.S. (4 Wall.) 459 (1867), voiding a similar

Illinois tax law on the ground that a tax on the capital of state banks

was not the equivalent of the state tax on shares of national banks and

accordingly the tax on the latter was in conflict with federal law consenting to taxation of national bank shares at rates not in excess of

those imposed on shares of state banks.

43. McGee v. Mathis, 71 U.S. (4 Wall.) 143 (1867).

Arkansas statute of 1855 repealing an 1851 grant of tax exemption applicable to swamp lands, paid for either before or after repeal

with scrip issued before the repeal, impaired a contract of the State

with holders of such scrip (Art. I, § 10).

44. Cummings v. Missouri, 71 U.S. (4 Wall.) 277 (1867).

Missouri constitutional provisions which required clergymen, as a

prerequisite to the practice of their profession, to take an oath that

they had never been guilty of hostility to the United States, or of certain other acts which were lawful when committed, was void as a bill

of attainder and as an ex post facto law.

Justices Concurring: Wayne, Grier, Nelson, Clifford, Field.

Justices Dissenting: Swayne, Davis, Miller.

45. The Moses Taylor, 71 U.S. (4 Wall.) 411 (1867).

A California statute vesting state courts with in rem jurisdiction

over vessels for causes of action cognizable in admiralty invalidly infringed the admiralty jurisdiction exclusively conferred upon federal

courts by § 9 of the Judiciary Act.

46. Von Hoffman v. Quincy, 71 U.S. (4 Wall.) 535 (1867).

Illinois law limiting taxing powers granted to a municipality

under a prior law authorizing it to issue bonds and amortize the same

by levy of taxes impaired the obligation of contract (Art. I, §10).

47. The Hine v. Trevor, 71 U.S. (4 Wall.) 555 (1867).

Iowa statute providing an in rem remedy in state courts for maritime causes of action was void by reason of conflict with § 9 of the Judiciary Act of 1789 which vested admiralty jurisdiction exclusively in

the federal courts.

48. Christmas v. Russell, 72 U.S. (5 Wall.) 290 (1867).

A Mississippi statute which prohibited enforcement of a judgment

of a sister State against a resident of Mississippi whenever barred by

the Mississippi statute of limitations was violative of the full faith

and credit clause of Art. IV.
STATE ACTS HELD UNCONSTITUTIONAL 2043

49. The Kansas Indians, 72 U.S. (5 Wall.) 737 (1867).

When a treaty with Indian tribes exempted their lands from levy,

sale, and forefeiture, a State could not validly collect its tax on lands

held in severalty by members of such tribes under patents issued

them pursuant to such treaty. Tribal Indians thus recognized by the

National Government are exempt from the jurisdiction of the State.

50. The New York Indians, 72 U.S. (5 Wall.) 761 (1867).

A New York statute imposing a tax on lands reserved to an Indian tribe by treaty was void, notwithstanding provision therein that

sale of land for nonpayment of the tax would not affect the right of

occupancy by the Indians.

51. Steamship Company v. Portwardens, 73 U.S. (6 Wall.) 31 (1867).

A Louisiana statute which provided that port wardens might collect, in addition to other fees, a tax of five dollars from every ship entering the port of New Orleans, whether any service was performed

or not, was in conflict with the commerce clause of the Constitution

(Art. I, § 8, cl. 3).

52. Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868).

A Nevada tax collected from every person leaving the State by

rail or stage coach abridged the privileges of United States citizens

to move freely across state lines in fulfillment of their relations with

the National Government.

53. Bank v. Supervisors, 74 U.S. (7 Wall.) 26 (1868).

New York tax could not be collected on United States notes expressly exempted from state taxation by federal law authorizing their

issuance as legal tender.

54. Northern Central Ry. v. Jackson, 74 U.S. (7 Wall.) 262 (1869).

Pennsylvania was without jurisdiction to enforce its law taxing

interest on railway bonds secured by a mortgage applicable to railway

property part of which was located in another State.

Justices Concurring: Chase, C.J., Nelson, Davis, Field, Miller, Grier.

Justices Dissenting: Clifford, Swayne.

55. The Belfast, 74 U.S. (7 Wall.) 624 (1869).

Inasmuch as a shipper’s lien under a contract of carriage between

ports within the same State is a maritime lien enforceable by in rem

proceedings exclusively within the admiralty jurisdiction of federal

court, an Alabama law creating a maritime lien enforceable by in rem

proceedings in its own courts was void.

56. Furman v. Nichol, 75 U.S. (8 Wall.) 44 (1869).

Tennessee statute repealing prior law making notes of the Banks

of Tennessee receivable in payment of taxes impaired the obligation

of contract as to the notes already in circulation (Art. I, § 10).
2044 STATE ACTS HELD UNCONSTITUTIONAL

57. Home of the Friendless v. Rouse, 75 U.S. (8 Wall.) 430 (1869); The Washington University v. Rouse, 75 U.S. (8 Wall.) 439 (1869).

Missouri statute taxing corporations afforded tax exemption by

their charter impaired the obligation of contract (Art. I, § 10).

Justices Concurring: Nelson, Clifford, Grier, Swayne, Davis.

Justices Dissenting: Chase, C.J., Miller, Field.

58. State Tonnage Tax Cases, 79 U.S. (12 Wall.) 204 (1871).

Alabama taxes levied on vessels owned by its citizens and employed in intrastate commerce ‘‘at so much per ton of the registered

tonnage’’ were violative of the constitutional prohibition against the

levy of tonnage duties by States.

59. Ward v. Maryland, 79 U.S. (12 Wall.) 418 (1871).

Maryland law which exacted a traders’ license from nonresidents

at a higher rate than was collected from residents was violative of the

privileges and immunities clause of Art. IV, § 2.

60. Gibson v. Chouteau, 80 U.S. (13 Wall.) 92 (1872).

State legislation cannot interfere with the disposition of the public domain by Congress, and therefore a Missouri statute of limitations, which was inapplicable to the United States, could not be applied so as to accord title to an adverse possessor as against a grantee

from the United States, notwithstanding that the adverse possession

preceded the federal conveyance.

Justices Concurring: Field, Nelson, Swayne, Clifford, Miller, Bradley, Chase,

C.J.

Justices Dissenting: Davis, Strong.

61. Wilmington R.R. v. Reid, 80 U.S. (13 Wall.) 264 (1872).

North Carolina statute which levied a tax on the franchise and

property of a railroad which had been accorded tax exemption by the

terms of its charter impaired the obligation of contract.

62. White v. Hart, 80 U.S. (13 Wall.) 646 (1872).

Obligations of contracts clause (Art. I, § 10) precluded reliance on

a Georgia constitutional provision of 1868, prohibiting enforcement of

any contract, the consideration for which was a slave, to defeat enforcement of a note based on such consideration and negotiated prior

to adoption of said provision.

Justices Concurring: Swayne, Nelson, Davis, Strong, Clifford, Miller, Field,

Bradley.

Justice Dissenting: Chase, C.J.

63. Accord: Osborne v. Nicholson, 80 U.S. (13 Wall.) 654 (1872), invalidating

a similar Arkansas constitutional provision adopted in 1868.

Justices Concurring: Swayne, Nelson, Davis, Strong, Clifford, Miller, Field,

Bradley.
STATE ACTS HELD UNCONSTITUTIONAL 2045

Justice Dissenting: Chase, C.J.

64. Delmas v. Insurance Company, 81 U.S. (14 Wall.) 661 (1872).

A Louisiana constitutional provision rendering unenforceable contracts, the consideration for which was Confederate money, was inapplicable, by reason of the obligation of contracts clause of the Federal

Constitution (Art. I, § 10) to contracts consummated before adoption

of the former provision.

65. Case of the State Freight Tax, 82 U.S. (15 Wall.) 232 (1873).

A Pennsylvania law which imposed a tax on freight transported

interstate, into and out of Pennsylvania, was an invalid regulation of

interstate commerce.

Justices Concurring: Story, Chase, C.J., Clifford, Miller, Field, Bradley, Hunt.

Justices Dissenting: Swayne, Davis.

66. State Tax on Foreign-Held Bonds, 82 U.S. (15 Wall.) 300 (1873).

Pennsylvania law, so far as it directed domestic corporations to

withhold on behalf of the State a portion of interest due on bonds

owned by nonresidents, impaired the obligation of contract and denied

due process by taxing property beyond its jurisdiction.

Justices Concurring: Field, Chase, C.J., Bradley, Swayne, Strong.

Justices Dissenting: Davis, Clifford, Miller, Hunt.

67. Gunn v. Barry, 82 U.S. (15 Wall.) 610 (1873).

Georgia constitutional provision increasing amount of homestead

exemption impaired the obligation of contract, insofar as it applied to

a judgment obtained under a less liberal exemption provision.

68. Pierce v. Carskadon, 83 U.S. (16 Wall.) 234 (1873).

A West Virginia Act of 1865, depriving defendants of right to rehearing on a judgment obtained under an earlier law unless they

made oath that they had not committed certain offenses, constituted

an invalid bill of attainder and ex post facto law.

Justices Concurring: Field, Chase, C.J., Clifford, Miller, Swayne, Davis,

Strong, Hunt.

Justice Dissenting: Bradley.

69. Humphrey v. Pegues, 83 U.S. (16 Wall.) 244 (1873).

South Carolina taxing laws, as applied to a railroad whose charter exempted it from taxation, impaired the obligation of contract.

70. Walker v. Whitehead, 83 U.S. (16 Wall.) 314 (1873).

Georgia law restricting remedies for obtaining a judgment, so far

as it affected prior contracts, impaired the obligation of contract.

71. Barings v. Dabney, 86 U.S. (19 Wall.) 1 (1873).

South Carolina act appropriating for payment of state debts the

assets of an insolvent bank, in which the State owned all the stock,
2046 STATE ACTS HELD UNCONSTITUTIONAL

disadvantaged private creditors of the bank and thereby impaired the

obligation of contract.

72. Peete v. Morgan, 86 U.S. (19 Wall.) 581 (1874).

Texas act of 1870 imposing a tonnage tax on foreign vessels to

defray quarantine expenses held violative of Art I, § 10, prohibiting

levy without consent of Congress.

73. Pacific R.R. v. Maguire, 87 U.S. (20 Wall.) 36 (1874).

Missouri law which levied a tax on railroad prior to expiration of

a grant of exemption impaired obligation of contract.

Justices Concurring: Waite, C.J., Field, Bradley, Swayne, Davis, Hunt.

Justices Dissenting: Clifford, Miller.

74. Insurance Co. v. Morse, 87 U.S. (20 Wall.) 445 (1874).

Wisconsin act admitting foreign insurance companies to transact

business within the State, upon their agreement not to remove suits

to federal courts, exacted an unconstitutional condition.

Justices Concurring: Clifford, Miller, Field, Bradley, Swayne, Strong, Hunt.

Justices Dissenting: Waite, C.J., Davis.

75. Loan Association v. Topeka, 87 U.S. (20 Wall.) 655 (1875).

Kansas act of 1872, authorizing municipalities to issue bonds repayable out of tax revenues in support of private enterprise, amounted to collection of money in aid of a private, rather than public purpose, and was violative of due process.

Justices Concurring: Strong, Swayne, Davis, Waite, C.J., Miller, Field, Bradley.

Justice Dissenting: Clifford.

76. Wilmington & Weldon R.R. v. King, 91 U.S. 3 (1875).

North Carolina statute, insofar as it authorized a jury in suits on

contracts—negotiated previously during the Civil War—to place their

own estimates upon the value of the contract instead of taking the

value stipulated by the parties, impaired the obligation of such contracts.

Justices Concurring: Waite, C.J., Clifford, Miller, Field, Swayne, Davis,

Strong, Hunt.

Justice Dissenting: Bradley.

77. Welton v. Missouri, 91 U.S. 275 (1876).

Missouri act which required payment of a license fee by peddlers

of merchandise produced outside the State, but exempted peddlers of

State-produced merchandise, imposed an unconstitutional burden on

interstate commerce.

78. Morrill v. Wisconsin, 154 U.S. 626 (1877).

Wisconsin statute void on basis of Welton v. Missouri.
STATE ACTS HELD UNCONSTITUTIONAL 2047

79. Henderson v. Mayor of New York, 92 U.S. 259 (1876).

New York act of 1849, which required owner of ocean-going passenger vessel to post bond of $300 for each passenger as surety

against their becoming public charges, or, in lieu thereof, to pay a tax

of $1.50 for each, contravened exclusive federal power to regulate foreign commerce.

80. Chy Lung v. Freeman, 92 U.S. 275 (1876).

California law, which required master of vessel to post $500 bond

for each alien ‘‘lewd and debauched female’’ passenger landed, contravened the federal power to regulate foreign commerce.

81. Inman Steamship Co. v. Tinker, 94 U.S. 238 (1877).

New York act of 1865, providing for collection from docking vessels of a fee measured by tonnage, imposed tonnage duty in violation

of Art. I, § 10.

82. Foster v. Masters of New Orleans, 94 U.S. 246 (1877).

Louisiana statute requiring survey of hatches of every sea-going

vessel arriving at New Orleans, contravened the federal power to regulate foreign and interstate commerce.

83. New Jersey v. Yard, 95 U.S. 104 (1877).

Statute increasing tax above rate stipulated in State’s contract

with railroad corporations impaired the obligation of contract.

84. Railroad Co.v. Husen, 95 U.S. 465 (1878).

Missouri act prohibiting the bringing of cattle into the State between March and November contravened the power of Congress over

interstate commerce.

85. Hall v. DeCuir, 95 U.S. 485 (1878).

Louisiana Reconstruction Act, prohibiting interstate common carriers of passengers from making any discrimination on the basis of

race or color, held invalid as a regulation of interstate commerce.

86. Farrington v. Tennessee, 95 U.S. 679 (1878).

Tennessee law increasing the tax on a bank above the rate specified in its charter, held to impair the obligation of that contract.

Concurring: Justices Swayne, Miller, Hunt, Bradley, Harlan, and Chief Justice

Waite.

Dissenting: Justices Strong, Clifford, and Field.

87. Pensacola Tel. Co. v. Western Union Tel. Co., 96 U.S. 1 (1878).

Florida legislative grant of a telegraphic monopoly held ‘‘inoperative’’ as in conflict with a congressional act dealing with the construction of telegraph lines and based on its commerce and postal

power.
2048 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Chief Justice Waite, Justices Clifford, Strong, Bradley, Swayne,

and Miller.

Dissenting: Justices Field, Hunt.

88. Edwards v. Kearzey, 96 U.S. 595 (1878).

North Carolina constitutional provision increasing amount of

debtor’s property exempt from sale under execution of a judgment impaired the obligation of contracts negotiated prior to its adoption.

Concurring: Chief Justice Waite, Justices Swayne, Bradley, Strong, Miller.

Concurring specially: Justices Field, Hunt.

Dissenting: Justice Harlan.

89. Keith v. Clark, 97 U.S. 454 (1878).

Provision of the Tennessee Constitution of 1865, forbidding the

receipt for taxes of the bills of the Bank of Tennessee and declaring

the issues of the bank during the insurrectionary period void, held to

impair the obligation of contract.

Concurring: Justices Miller, Clifford, Strong, Hunt, Swayne, Field.

Dissenting: Chief Justice Waite, Justices Bradley, Harlan.

90. Cook v. Pennsylvania, 97 U.S. 566 (1878).

Pennsylvania act taxing auction sales, when applied to sales of

imported goods in the original packages, was void as a duty on imports and a regulation of foreign commerce.

91. Northwestern University v. Illinois ex rel. Miller, 99 U.S. 309 (1878).

Revenue law of Illinois, so far as it modified tax exemptions

granted to Northwestern University by an earlier statute, impaired

the obligation of contract.

92. Strauder v. West Virginia, 100 U.S. 303 (1880).

West Virginia law barring Negroes from jury service violated the

equal protection clause of the Fourteenth Amendment.

Concurring: Justices Strong, Miller, Hunt, Swayne, Bradley, Harlan, Chief

Justice Waite.

Dissenting: Justices Field, Clifford.

93. Guy v. Baltimore, 100 U.S. 434 (1880).

Maryland statute and Baltimore ordinance, levying tax solely on

products of other States, held to impose an invalid burden upon foreign and interstate commerce.

Concurring: Justices Harlan, Hunt, Clifford, Strong, Miller, Swayne, Field,

Bradley.

Dissenting: Chief Justice Waite.

94. Tiernan v. Rinker, 102 U.S. 123 (1880).

Texas statute, insofar as it levied occupational tax only upon sale

of out-of-state beer and wine, was violative of the federal power to

regulate foreign and interstate commerce.
STATE ACTS HELD UNCONSTITUTIONAL 2049

95. Hartman v. Greenhow, 102 U.S. 672 (1880).

Virginia act, adopted subsequently to law providing for issuance

of bonds and acceptance of interest coupons thereon in full payment

of taxes, which levied a new property tax collectible by way of deduction from such interest coupons, impaired the obligation of contract.

Concurring: Justices Field, Clifford, Harlan, Strong, Hunt, Swayne, Bradley,

Chief Justice Waite.

Dissenting: Justice Miller.

96. Hall v. Wisconsin, 103 U.S. 5 (1880).

Wisconsin act which repealed prior statute authorizing payment

of fixed sum for performance of a contract to complete a geological

survey, impaired the obligation of contract, notwithstanding that the

second act was enacted prior to total fulfillment of the contract.

97. Webber v. Virginia, 103 U.S. 344 (1881).

Virginia license acts, requiring a license for sale of goods made

outside the State but not within the State, held in conflict with the

commerce clause.

98. United States ex rel. Wolff v. New Orleans, 103 U.S. 358 (1881).

Louisiana act withdrawing from New Orleans the power to levy

taxes adequate to amortize previously issued bonds impaired the obligation of contract.

Accord: Louisiana v. Pilsbury, 105 U.S. 278 (1881).

99. Asylum v. New Orleans, 105 U.S. 362 (1881).

The general taxing laws for New Orleans when applied to the

property of an asylum, whose charter exempted it from taxation, impaired the obligation of contract.

Justices Concurring: Bradley, Waite, C.J., Woods, Gray, Harlan, Matthews,

Blatchford.

Justices Dissenting: Miller, Field.

100. Western Union Telegraph Co. v. Texas, 105 U.S. 460 (1882).

Texas tax collected on private telegraph messages sent out of the

State imposed an invalid burden on foreign and interstate commerce;

and insofar as it was imposed on official messages sent by federal officers amounted to an unconstitutional burden on a federal instrumentality.

101. Ralls County Court v. United States, 105 U.S. 733 (1881).

Missouri law which deprived a county of the taxing power requisite to meet interest payments on previously issued bonds impaired

the obligation of contract.

102. Parkersburg v. Brown, 106 U.S. 487 (1882).

West Virginia law authorizing a city to issue its bonds in aid of

manufacturers was void by reason of sanctioning an expenditure of
2050 STATE ACTS HELD UNCONSTITUTIONAL

public funds for a private purpose contrary to the requirements of due

process.

103. New York v. Compagnie Gen. Transatlantique, 107 U.S. 59 (1882).

New York law imposing a tax on every alien arriving from a foreign country, and holding the vessel liable for payment of the tax was

an invalid regulation of foreign commerce.

104. Kring v. Missouri, 107 U.S. 221 (1883).

A Missouri law which abolished a rule existing at the time the

crime was committed, whereunder subsequent prosecution for first

degree murder was precluded after conviction for second degree murder has been set aside on appeal, was void as an ex post facto law.

Concurring: Justices Miller, Harlan, Field, Blatchford, Woods.

Dissenting: Justices Matthews, Bradley, Gray, Chief Justice Waite.

105. Nelson v. St. Martin’s Parish, 111 U.S. 716 (1884).

Louisiana act repealing taxing authority of a municipality to pay

judgments hitherto rendered against it impaired the obligation of contract.

106. Cole v. La Grange, 113 U.S. 1 (1885).

Missouri act authorizing city to issue bonds in aid of manufacturing corporations was void by reason of sanctioning defrayment of public moneys for other than public purpose and depriving taxpayers of

property without due process.

107. Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196 (1885).

Pennsylvania taxing laws, when applied to the capital stock of a

New Jersey ferry corporation carrying on no business in the State except the landing and receiving of passengers and freight, was void as

a tax on interstate commerce.

108. Virginia Coupon Cases, 114 U.S. 269 (1885).

Virginia act which terminated privilege accorded bondholders

under prior law of tendering coupons from said bonds in payment of

taxes impaired the obligation of contract (Art. I, § 10).

Concurring: Justices Matthews, Field, Harlan, Woods, Blatchford.

Dissenting: Justices Bradley, Miller, Gray, Chief Justice Waite.

109. Effinger v. Kenney, 115 U.S. 566 (1885).

Virginia Act of 1867, which provided that in suits to enforce contracts for the sale of property negotiated during the Civil War and

payable in Confederate notes, the measure of recovery was to be the

value of the land at the time of sale rather than the value of such

notes at that time, impaired the obligation of contracts (Art. I, § 10).
STATE ACTS HELD UNCONSTITUTIONAL 2051

110. Louisville Gas Co. v. Citizens’ Gas Co., 115 U.S. 683 (1885).

Act of 1872 chartering and authorizing a corporation to supply

gas in Louisville, Kentucky, impaired the obligation of contract resulting from the grant of an exclusive privilege to an older company in

1869.

111. Fisk v. Jefferson Police Jury, 116 U.S. 131 (1885).

When a public officer has completed services (1871–1874), for

which the compensation was fixed by law, an implied obligation to

pay him at such rate arises, and such contract was impaired by a

Louisiana constitutional provision of 1880 which reduced the taxing

power of a parish to such extent as to deprive the officer of any effective means of collecting the sum due him.

112. Mobile v. Watson, 116 U.S. 289 (1886).

Alabama law which deprived Mobile and its successor of the

power to levy taxes sufficient to amortize previously issued bonds impaired the obligation of contracts.

113. Walling v. Michigan, 116 U.S. 446 (1886).

Michigan law taxing nonresidents soliciting sale of foreign liquors

to be shipped into the State imposed an invalid restraint on interstate

commerce.

114. Royall v. Virginia, 116 U.S. 572 (1886).

When a Virginia law provided that coupons on state bonds were

acceptable in payment of state fees, subsequent law requiring legal

tender in payment of a professional license fee impaired the obligation of contract between the coupon holder and the State and also

voided invocation of another law imposing penalty for practice without a license (refused for want of payment in legal tender).

115. Pickard v. Pullman Southern Car Co., 117 U.S. 34 (1886).

Tennessee privilege tax on railway sleeping cars was void insofar

as it applied to cars moving in interstate commerce.

116. Van Brocklin v. Tennessee, 117 U.S. 151 (1886).

A State cannot validly sell for taxes lands which the United

States owned at the time the taxes were levied, but in which it ceased

to have an interest at the time of sale (Art. VI).

117. Sprague v. Thompson, 118 U.S. 90 (1886).

Georgia law requiring out-of-state coastal vessels, subject to certain discriminating exemptions, to take on a pilot upon entering Georgia ports, was void by reason of conflict with federal pilotage law.
2052 STATE ACTS HELD UNCONSTITUTIONAL

118. Wabash, St. L. & P. Ry. v. Illinois, 118 U.S. 557 (1886).

Illinois law, prohibiting long-short haul rate discrimination, when

applied to interstate transportation, encroached upon the federal commerce power.

Concurring: Justices Miller, Field, Harlan, Woods, Matthews, Blatchford.

Dissenting: Justices Bradley, Gray, Chief Justice Waite.

119. Robbins v. Shelby Taxing District, 120 U.S. 489 (1887).

Tennessee law taxing drummers not operating from a domestic licensed place of business, insofar as it applied to drummers soliciting

sales of goods on behalf of out-of-state business firms, was an invalid

regulation of interstate commerce.

Concurring: Justices Bradley, Miller, Harlan, Woods, Matthews, Blatchford.

Dissenting: Chief Justice Waite, Justices Gray, Field.

120. Corson v. Maryland, 120 U.S. 502 (1887).

Maryland law licensing salesmen, insofar as it was applied to a

New York resident soliciting orders on behalf of a New York firm, was

an invalid regulation of interstate commerce.

121. Barron v. Burnside, 121 U.S. 186 (1887).

Iowa law, conditioning admission of a foreign corporation to do

local business on surrender of right to invoke the diversity of citizenship jurisdiction of federal courts exacted an invalid forfeiture of a

constitutional right.

122. Fargo v. Michigan, 121 U.S. 230 (1887).

Michigan act, insofar as it taxed the gross receipts of companies

and corporations engaged in interstate commerce, was held to be in

conflict with the commerce powers of Congress.

123. Seibert v. Lewis, 122 U.S. 284 (1887).

Missouri law requiring certain petitions, not exacted when county

bonds were issued, before taxes could be levied to amortize said

bonds, impaired the obligation of contracts.

124. Philadelphia Steamship Co. v. Pennsylvania, 122 U.S. 326 (1887).

Pennsylvania gross receipts tax on public utilities, insofar as it

was applied to the gross receipts of a domestic corporation derived

from transportation of persons and property on the high seas, was in

conflict with the exclusive federal power to regulate foreign and interstate commerce.

125. Western Union Tel. Co. v. Pendleton, 122 U.S. 347 (1887).

Indiana statute concerning the delivery of telegrams, so far as applied to deliveries sent from Indiana to other States, was an invalid

regulation of commerce.
STATE ACTS HELD UNCONSTITUTIONAL 2053

126. Bowman v. Chicago & Nw. Ry., 125 U.S. 465 (1888).

Iowa liquor statute requiring interstate carriers to procure a certificate from the auditor of the county of destination before bringing

liquor into the State, was violative of the commerce clause.

Concurring: Justices Matthews, Field (separately), Miller, Bradley, Blatchford.

Dissenting: Justices Harlan, Gray, Chief Justice Waite.

127. Western Union Tel. Co. v. Massachusetts, 125 U.S. 530 (1888).

Massachusetts law, authorizing an injunction to restrain tax

delinquents from doing business until payments are made, could not

be validly invoked to restrain a telegraph company operating lines

over United States military and post roads pursuant to federal authorization.

128. California v. Pacific R.R., 127 U.S. 1 (1888).

Unless Congress consents, a state tax, levied on the franchise of

interstate railway corporations chartered by Congress pursuant to its

commerce power, is void.

129. Ratterman v. Western Union Tel. Co., 127 U.S. 411 (1888).

An Ohio law which levied a tax on the receipts of a telegraph

company was invalid to the extent that part of such receipts levied

on were derived from interstate commerce.

130. Asher v. Texas, 128 U.S. 129 (1888).

By reason of conflict with the federal power to regulate interstate

commerce, a Texas law which imposed a license tax on drummers

could not validly be enforced against one who solicited orders for the

purchase of merchandise from out-of-state sellers.

131. Stoutenburgh v. Hennick, 129 U.S. 141 (1889).

Clause of the District act requiring commercial agents selling by

sample to pay a license tax, held a regulation of interstate commerce

when applied to agents soliciting purchases on behalf of principals

outside of the District of Columbia.

Concurring: Chief Justice Fuller, Justices Field, Bradley, Harlan, Matthews,

Gray, Blatchford, Lamar.

Dissenting: Justice Miller.

132. Western Union Tel. Co. v. Alabama, 132 U.S. 472 (1889).

Alabama tax law, as applied to revenue of telegraph company

made by sending messages outside the State, was held to be an invalid regulation of commerce.

133. Medley, Petitioner, 134 U.S. 160 (1890).

Colorado law, when applied to a person convicted of a murder

committed prior to the enactment and which increased the penalty to

be imposed, was void as an ex post facto law.
2054 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Justices Miller, Field, Harlan, Gray, Blatchford, Lamar, Chief

Justice Fuller.

Dissenting: Justices Brewer, Bradley.

134. Chicago, M. & St. P. Ry. v. Minnesota, 134 U.S. 418 (1890).

State rate regulatory law which empowered a commission to establish rate schedules that were final and not subject to judicial review as to their reasonableness was violative of the due process and

equal protection clauses of the Fourteenth Amendment.

Concurring: Justices Blatchford, Miller, Field, Harlan, Brewer, Chief Justice

Fuller.

Dissenting: Justices Bradley, Gray, Lamar.

135. Leisy v. Hardin, 135 U.S. 100 (1890).

Iowa prohibition law, enforced as to an interstate shipment of liquor in the original packages or kegs, was violative of the federal

power to regulate interstate commerce.

Concurring: Chief Justice Fuller, Justices Miller, Field, Bradley, Blatchford,

Lamar.

Dissenting: Justices Gray, Harlan, Brewer.

136. Lyng v. Michigan, 135 U.S. 161 (1890).

Michigan statute taxing sale of imported liquor in original package, held invalid regulation of interstate commerce.

Concurring: Chief Justice Fuller, Justices Miller, Field, Bradley, Blatchford,

Lamar.

Dissenting: Justices Gray, Harlan, Brewer.

137. McGahey v. Virginia, 135 U.S. 662 (1890).

Virginia acts which stipulated that if the genuineness of coupons

tendered in payment of taxes was in issue, the bond from which the

coupon was cut must be produced, which precluded use of expert testimony to establish the genuineness of the coupons, and which, in

suits for payment of taxes, imposed on the defendant tendering coupons as payment the burden of establishing the validity of said coupons, were deemed to abridge the remedies available to the bondholders so materially as to impair the obligation of contract.

138. Norfolk & Western R.R. v. Pennsylvania, 136 U.S. 114 (1890).

Pennsylvania act, imposing a license tax on foreign corporation

common carrier doing business in the State, was held to be invalid

as a tax on interstate commerce.

Concurring: Justices Lamar, Miller, Field, Bradley, Harlan, Blatchford.

Dissenting: Chief Justice Fuller, Justices Gray, Brewer.

139. Minnesota v. Barber, 136 U.S. 313 (1890).

Minnesota statute, which made it illegal to offer for sale any

meat other than that taken from animals passed by state inspectors,
STATE ACTS HELD UNCONSTITUTIONAL 2055

held to discriminate against meat producers from other States and to

place an undue burden upon interstate commerce.

140. Brimmer v. Rebman, 138 U.S. 78 (1891).

Virginia statute prohibiting sale of meat killed 100 miles or more

from place of sale, unless it was first inspected in Virginia, held void

as interference with interstate commerce and imposing a discriminatory tax.

141. Pennoyer v. McConnaughy, 140 U.S. 1 (1891).

Oregon act of 1887 which voided all certificates for the sale of

public land unless 20% of the purchase price had been paid prior to

1879 altered the terms of purchase provided under preexisting law

and therefore impaired the obligations of the contract.

142. Crutcher v. Kentucky, 141 U.S. 47 (1891).

Kentucky law, which required license from foreign express corporation agents before doing business in the State, was held invalid

under the commerce clause.

Concurring: Justices Bradley, Field, Harlan, Blatchford, Lamar, Brewer.

Dissenting: Chief Justice Fuller, Justice Gray.

143. Voight v. Wright, 141 U.S. 62 (1891).

Virginia statute which required state inspection of all but domestic flour held invalid under commerce clause.

144. Mobile & Ohio R.R. v. Tennessee, 153 U.S. 486 (1894).

Tennessee statutes which levied taxes on a railroad company enjoying tax exemption under an earlier charter impaired the obligation

of contract.

Concurring: Justices Jackson, Field, Harlan, Brown, White.

Dissenting: Chief Justice Fuller, Justices Gray, Brewer, Shiras.

145. New York, L. E. & W. R.R. v. Pennsylvania, 153 U.S. 628 (1894).

Pennsylvania act of 1885 which required a New York corporation,

when paying interest in New York City on its outstanding securities,

to withhold a Pennsylvania tax levied on resident owners of such securities was violative of due process by reason of its application to

property beyond the jurisdiction of Pennsylvania. The act also impaired the obligation of contracts by increasing the conditions originally exacted of the railroad in return for permission to construct and

operate over trackage in Pennsylvania.

146. Covington & Cincinnati Bridge Co. v. Kentucky, 154 U.S. 204 (1894).

Kentucky act regulating toll rates on bridge across the Ohio River

held unconstitutional regulation of interstate commerce.

Concurring: Justices Brown, Harlan, Brewer, Shiras, Jackson.
2056 STATE ACTS HELD UNCONSTITUTIONAL

Dissenting: Chief Justice Fuller, Justices Field, Gray, White.

147. Gulf, C. & S. F. Ry. v. Hefley, 158 U.S. 98 (1895).

Texas statute regulating railroad rates, when applied to interstate freight transportation, was held to conflict with Interstate Commerce Act.

148. Bank of Commerce v. Tennessee, 161 U.S. 134 (1896).

Tennessee revenue laws which imposed a tax on stock beyond

that stipulated under the provision of a state charter held to impair

the obligation of contracts.

149. Barnitz v. Beverly, 163 U.S. 118 (1896).

Kansas law granting to mortgagor a right, not existent when the

mortgage was negotiated, namely, a right to redeem foreclosed property, impaired the obligation of contracts.

150. Illinois Central R.R. v. Illinois, 163 U.S. 142 (1896).

Illinois statute required railroad to run New Orleans train into

Cairo and back to mail line, although there was already adequate

service to Cairo. This requirement was held to be an unconstitutional

obstruction of interstate commerce and of passage of United States

mails.

151. Missouri Pacific Ry. v. Nebraska, 164 U.S. 403 (1896).

A railroad was deprived of property without due process of law

by a Nebraska statute which compelled it to permit a third party to

erect a grain elevator on its right of way.

152. Scott v. Donald, 165 U.S. 58 (1897).

South Carolina act regulating sale of alcoholic beverages exclusively at state dispensaries, when enforced against a resident importing out-of-state liquor, constituted an invalid discriminatory regulation of interstate commerce.

Concurring: Justices Shiras, Field, Harlan, Gray, White, Peckham, Fuller.

Dissenting: Justice Brown.

153. Gulf, C. & S. F. Ry. v. Ellis, 165 U.S. 150 (1897).

Texas law which required railroads to pay court costs and attorneys’ fees to litigants successfully prosecuting claims against them deprived the railroads of due process and equal protection of the law.

Concurring: Justices Brewer, Field, Harlan, Brown, Shiras, Peckham.

Dissenting: Justices Gray, White, Chief Juxtice Fuller.

154. Allgeyer v. Louisiana, 165 U.S. 578 (1897).

Louisiana law imposing penalty for soliciting contract of insurance on behalf of insurers which have not complied with Louisiana

law effected a denial of liberty of contract contrary to due process
STATE ACTS HELD UNCONSTITUTIONAL 2057

when applied to an insurance contract negotiated in New York with

a New York company and with premiums and losses to be paid in

New York.

155. Smyth v. Ames, 169 U.S. 466 (1898).

Nebraska statute setting intrastate freight rates held to impose

rates so low as to be unreasonable and to amount to a deprivation of

property without due process of law.

156. Houston & Texas Central Ry. v. Texas, 170 U.S. 243 (1898).

Texas constitutional provision, as enforced to recover certain sections of land held by a railroad company under a previous legislative

grant, judged an impairment of obligation of contract.

157. Thompson v. Utah, 170 U.S. 343 (1898).

Provision in Utah constitution, providing for the trial of non-capital criminal cases in courts of general jurisdiction by a jury of eight

persons, held an ex post facto law applied to felonies committed before the territory became a State.

Concurring: Justices Harlan, Gray, Brown, Shiras, White, McKenna, Chief

Juxtice Fuller.

Dissenting: Justices Brewer, Peckham.

158. Schollenberger v. Pennsylvania, 171 U.S. 1 (1898).

Pennsylvania law which prohibited the manufacture and sale of

oleomargarine was invalid to the extent that it prohibited interstate

importation and resale of oleomargarine in original packages.

Concurring: Chief Justice Fuller, Justices Brewer, Brown, Shiras, White,

Peckham, McKenna.

Dissenting: Justices Gray, Harlan.

159. Collins v. New Hampshire, 171 U.S. 30 (1898).

New Hampshire law which prohibited the sale of oleomargarine

unless it was pink in color, was invalid as an arbitrary means of rendering the product unmarketable and also could not be enforced to

prevent the interstate transportation and resale of oleomargarine produced in another State and not colored pink.

Concurring: Chief Justice Fuller, Justices Brewer, Brown, Shiras, White,

Peckham, McKenna.

Dissenting: Justices Harlan, Gray.

160. Blake v. McClung, 172 U.S. 239 (1898).

Tennessee acts which granted Tennessee creditors priority over

non-resident creditors having claims against foreign corporations admitted to do local business infringed the privileges and immunities

clause of Art. IV, § 2.

Concurring: Justices Harlan, Gray, Brown, Shiras, White, McKenna,

Peckham.
2058 STATE ACTS HELD UNCONSTITUTIONAL

Dissenting: Justice Brewer, Chief Justice Fuller.

161. Norwood v. Baker, 172 U.S. 269 (1898).

The exaction, as authorized by Ohio law, from the owner of property, via special assessment, of the cost of a public improvement in

substantial excess of the benefits accruing to him amounted to a taking of property for public use without compensation and was violative

of due process.

Concurring: Justices Harlan, Brown, White, Peckham, McKenna, Chief Justice

Fuller.

Dissenting: Justices Brewer, Gray, Shiras.

162. Dewey v. Des Moines, 173 U.S. 193 (1899).

Nonresident owner of property in Iowa was deprived of property

without due process when the State, without having acquired personal jurisdiction via service of process, subjected him to a personal

liability to pay a special assessment in conformity with a statute

invalidly authorizing imposition of liability in such manner.

163. Ohio v. Thomas, 173 U.S. 276 (1899).

Ohio statute which regulated the use of oleomargarine in the

State held void as applied to a soldiers’ home in Ohio created by Congress and administered as a federal institution.

164. Lake Shore & Mich. So. Ry. v. Smith, 173 U.S. 684 (1899).

Michigan act which required railroads to sell 1,000-mile tickets at

a fixed price in favor of the purchaser, his wife, and children, with

provisions for forfeiture if presented by any other person in payment

of fare, and for expiration within two years, subject to redemption of

unused portion and collection of 3¢ per mile already traveled, effected

a taking of property without due process and a denial of equal protection.

Concurring: Justices Peckham, Harlan, Brewer, Brown, Shiras, White.

Dissenting: Chief Justice Fuller, Justices Gray, McKenna.

165. Houston & Texas Central R.R. v. Texas, 177 U.S. 66 (1900).

Subsequent repeal of a Texas statute which permitted treasury

warrants to be given to the State for payment of interest on bonds

issued by a railroad and held by the State, with accompanying endeavor to hold the railroad liable for back interest paid on the warrants, was invalid by reason of impairment of the obligation of contract.

166. Cleveland, C. C. & St. L. Ry. v. Illinois, 177 U.S. 514 (1900).

Illinois law which required all regular passenger trains to stop at

county seats for receipt and discharge of passengers imposed an invalid burden on interstate commerce when applied to an express train

serving only through passengers between New York and St. Louis.
STATE ACTS HELD UNCONSTITUTIONAL 2059

167. Stearns v. Minnesota, 179 U.S. 223 (1900).

State statute repealing all former tax exemption laws and providing for the taxation of lands granted to railroads held to impair the

obligation of contracts.

Duluth & I. R.R. v. St. Louis County, 179 U.S. 302 (1900).

Act of Minnesota legislature providing ways in which railroad

corporations could discharge property taxes held void under the ruling in Stearns v. Minnesota.

168. Cotting v. Kansas City Stock Yards Co., 183 U.S. 79 (1901).

Kansas statute, regulating public stock yards, violates the equal

protection clause of the Fourteenth Amendment in that it applied

only to one stockyard company in the State.

169. Louisville & Nashville R.R. v. Eubank, 184 U.S. 27 (1902).

Section of Kentucky constitution on long and short haul railroad

rates held invalid where interstate shipments were involved.

Concurring: Justices Peckham, Harlan, Brown, Shiras, White, McKenna, Chief

Justice Fuller.

Dissenting: Justices Brewer, Gray.

170. Connolly v. Union Sewer Pipe Co., 184 U.S. 540 (1902).

Act of Illinois, which regulated monopolies but exempted agricultural products and livestock in the hands of the producer from the operation of the law, held to deny the equal protection of the laws.

Concurring: Justices Harlan, Brewer, Brown, Shiras, White, Peckham, Chief

Justice Fuller.

Dissenting: Justice McKenna.

171. Stockard v. Morgan, 185 U.S. 27 (1902).

Tennessee license tax on agent soliciting and selling by sample

for company in another State held invalid regulation of commerce.

172. Louisville & J. Ferry Co. v. Kentucky, 188 U.S. 385 (1903).

An Indiana franchise granted to a Kentucky corporation for operating a ferry from the Indiana to the Kentucky shore had its tax situs

in Indiana; and, accordingly, Kentucky lacked jurisdiction with the result that its law which authorized a levy thereon effected a deprivation of property without due process of law.

Concurring: Justices Harlan, Brewer, Brown, White, Peckham, McKenna,

Holmes.

Dissenting: Justice Shiras, Chief Justice Fuller.

173. The Roanoke, 189 U.S. 185 (1903).

Washington law which accorded contractor or subcontractor a lien

on a foreign vessel for work done and which made no provision for

protection of owner in event contractor was fully paid before notice of
2060 STATE ACTS HELD UNCONSTITUTIONAL

subcontractor’s lien was received deprived the owner of normal defenses and constituted an invalid interference with admiralty jurisdiction exclusively vested in federal courts by Art. III.

174. The Robert W. Parsons, 191 U.S. 17 (1903).

New York statutes giving a lien for repairs upon vessels and providing for the enforcement of such liens by proceedings in rem, held

void as in conflict with the exclusive admiralty and maritime jurisdiction of the federal courts.

Concurring: Justices Brown, White, McKenna, Holmes, Day.

Dissenting: Justices Brewer, Peckham, Harlan, Chief Justice Fuller.

175. Allen v. Pullman Company, 191 U.S. 171 (1903).

Tennessee tax of $500 per year per pullman car, when applied to

cars moving in interstate as well as intrastate commerce, imposed an

invalid burden on interstate commerce.

176. Bradley v. Lightcap, 195 U.S. 1 (1904).

Illinois law, passed after a mortgage was executed, which provided that if a mortgagee did not obtain a deed within five years after

the period of redemption had lapsed, he lost the estate (whereas

under the law existing when the mortgage was executed, failure by

the mortgagee to take out a deed had no effect on the title of the

mortgagee against the mortgagor) was held void as impairing the obligation of contract and depriving the mortgagee of property rights

without due process.

177. Central of Georgia Ry. v. Murphey, 196 U.S. 194 (1905).

Sections of Georgia code, imposing the duty on common carriers

of reporting on the shipment of freight to the shipper, held void when

applied to interstate shipments.

178. Lochner v. New York, 198 U.S. 45 (1905).

New York law establishing 10-hour day in bakeries was violative

of due process by reason of interfering with the employees’ freedom

to contract in relation to their labor.

Concurring: Justices Peckham, Brewer, Brown, McKenna, Fuller.

Dissenting: Justices Harlan, White, Day, Holmes (separately).

179. Union Transit Co. v. Kentucky, 199 U.S. 194 (1905).

Inasmuch as tangible personal property acquires a tax situs in

the State where it is permanently located, attempt by Kentucky, in

which the owner was domiciled, to tax railway cars located in Indiana, was void and amounted to a deprivation of property without due

process.

Concurring: Justices Brown, Harlan, Brewer, Peckham, McKenna, Day.

Dissenting: Justices Holmes, White, Chief Justice Fuller.
STATE ACTS HELD UNCONSTITUTIONAL 2061

180. Houston & Texas Central R.R. v. Mayes, 201 U.S. 321 (1906).

Texas statute exacting of an interstate railroad an absolute requirement that it furnish a certain number of cars on a given day to

transport merchandise to another State imposed an invalid, unreasonable burden on interstate commerce.

Concurring: Justices Brewer, Brown, Peckham, Holmes, Day.

Dissenting: Justices Harlan, McKenna, Chief Justice Fuller.

181. Powers v. Detroit & Grand Haven Ry., 201 U.S. 543 (1906).

When a railroad is reorganized under a special act but no new

corporation is chartered, tax concession granted by such act amounted

to a contract which could not be impaired by subsequent enactment

which purported to alter the rate of the tax.

Concurring: Justices Brewer, Harlan, Brown, Peckham, McKenna, Holmes,

Day, Chief Justice Fuller.

Dissenting: Justice White.

182. Vicksburg v. Vicksburg Waterworks Co., 202 U.S. 453 (1906).

A water company owning an exclusive franchise to supply a city

with water was entitled to an injunction restraining impairment of

such contract by attempted erection by city of its own water system

pursuant to Mississippi statutory authorization.

Concurring: Justices Day, Brewer, Brown, White, Peckham, McKenna,

Holmes, Chiwf Justice Fuller.

Dissenting: Justice Harlan.

183. American Smelting Co. v. Colorado, 204 U.S. 103 (1907).

A statute stipulating that foreign corporations, as a condition for

admission to do business, pay a fee based on their capital stock

whereupon they would be subjected to all the liabilities and restrictions imposed upon domestic corporations amounted to a contract, the

obligation of which was invalidly impaired by a later statute which

imposed higher annual license fees on foreign corporations admitted

under the preceding terms than were levied on domestic corporations,

whose corporate existence had not expired.

Concurring: Justices Peckham, Brewer, White, McKenna, Day.

Dissenting: Justices Harlan, Holmes, Moody, Chief Justice Fuller.

184. Home Savings Bank v. Des Moines, 205 U.S. 503 (1907).

A state law levying a tax on a state bank, assessed on its shares

measured by the value of its capital, surplus, and individual earnings,

was void insofar as the assessment embraced federal bonds owned by

the bank and was in conflict with a federal enactment exempting such

bonds from state taxes.

Concurring: Justices Moody, Brewer, White, McKenna, Holmes, Day.

Dissenting: Chief Justice Fuller, Justices Harlan, Peckham.
2062 STATE ACTS HELD UNCONSTITUTIONAL

185. Adams Express Co. v. Kentucky, 206 U.S. 129 (1907).

Kentucky law proscribing C.O.D. shipments of liquor, providing

that the place where the money is paid or the goods delivered shall

be deemed to be the place of sale, and making the carrier jointly liable with the vendor was, as applied to interstate shipments, an invalid regulation of interstate commerce.

Concurring: Justices Brewer, Holmes, Peckham, Moody, White, Day, McKenna, Chief Justice Fuller.

Dissenting: Justice Harlan.

Accord: American Express Co. v. Kentucky, 206 U.S. 139 (1907).

186. Central of Georgia Ry. v. Wright, 207 U.S. 127 (1907).

Georgia statutory assessment procedure which afforded taxpayer

no opportunity to be heard as to valuation of property not returned

by him under honest belief that it was not taxable and which permitted him to challenge the assessment only for fraud and corruption

was violative of the due process requirements of the Fourteenth

Amendment.

187. Darnell & Son v. Memphis, 208 U.S. 113 (1908).

Tennessee tax law which exempted domestic crops and manufactured products while extending the levy to like products of out-ofstate origin imposed an invalid burden on interstate commerce.

188. Ex parte Young, 209 U.S. 123 (1908).

Minnesota railroad rate statute which imposed such excessive

penalties that parties affected were deterred from testing its validity

in the courts denied a railroad the equal protection of the laws.

189. Galveston, H. & S.A. Ry. v. Texas, 210 U.S. 217 (1908).

Texas gross receipts tax insofar as it was levied on railroad receipts which included income derived from interstate commerce was

invalid by reason of imposing a burden on interstate commerce.

Concurring: Justices Holmes, Brewer, Peckham, Day, Moody.

Dissenting: Justices Harlan, White, McKenna, Chief Justice Fuller.

190. Willcox v. Consolidated Gas Co., 212 U.S. 19 (1909).

New York law which required a public utility to perform its service in such a manner that its entire plant would have to be rebuilt

at a cost on which no return could be obtained under the rates fixed

unconstitutionally deprived the utility of its property without due

process.

191. Louisville & Nashville R.R. v. Stock Yards Co., 212 U.S. 132 (1909).

Kentucky constitutional provision which required a carrier to deliver its cars to connecting carriers without providing adequate protection for their return or compensation for their use effected an invalid taking of property without due process of law.
STATE ACTS HELD UNCONSTITUTIONAL 2063

Concurring: Justices Holmes, Brewer, White, Peckham, Day, Chief Justice

Fuller.

Dissenting: Justices McKenna, Harlan, Moody.

192. Nielson v. Oregon, 212 U.S. 315 (1909).

For want of jurisdiction, Oregon could not validly prosecute as a

violator of its law prohibiting the use of purse nets one who, pursuant

to a license from Washington, used such a net on the Washington side

of the Columbia River.

193. Adams Express Co. v. Kentucky, 214 U.S. 218 (1909).

Kentucky law proscribing the sale of liquor to an inebriate, as applied to a carrier delivering liquor to such person from another State,

was void by reason of conflict with the commerce clause.

Concurring: Justices Brewer, Holmes, Peckham, Moody, White, Day, McKenna, Chief Justice Fuller.

Dissenting: Justice Harlan.

194. Louisiana ex rel. Hubert v. Orleans, 215 U.S. 170 (1909).

Louisiana act of 1870 providing for registration and collection of

judgments against New Orleans, so far as it delayed payment, or collection of taxes for payment, of contract claims existing before its passage, effected an invalid impairment of the obligation of such contracts.

195. North Dakota ex rel. Flaherty v. Hanson, 215 U.S. 515 (1910).

North Dakota statute which required the recipient of a federal retail liquor license, solely because of payment therefor and without reference to the doing of any act within North Dakota, to publish official

notices of the terms of such license and of the place where it is posted, to display on his premises an affidavit confirming such publication, and to file an authenticated copy of such federal license together

with a $10 fee was void for imposing a burden on the federal taxing

power.

Concurring: Justices White, Harlan, Brewer, Day.

Dissenting: Chief Justice Fuller, Justices McKenna, Holmes.

196. Western Union Tel. Co. v. Kansas, 216 U.S. 1 (1910).

Kansas statute imposing a charter fee, computed as a percentage

of authorized capital stock, on corporations for the privilege of doing

business in Kansas could not validly be collected from a foreign corporation engaged in interstate commerce, and also was violative of

due process insofar as it was imposed on property, part of which was

located beyond the limits of that State.

Concurring: Justices Harlan, Brewer, White (separately), Day, Moody.

Dissenting: Justices Holmes, McKenna, Peckham, Chief Justice Fuller.
2064 STATE ACTS HELD UNCONSTITUTIONAL

197. Ludwig v. Western Union Tel. Co., 216 U.S. 146 (1910).

Arkansas law which required a foreign corporation engaged in

interstate commerce to pay, as a license fee for doing an intrastate

business, a given amount of its entire capital stock, whether employed

in Arkansas or elsewhere, was void by reason of imposing a burden

on interstate commerce and embracing property outside the jurisdiction of the State.

Concurring: Justices Harlan, Moody, Lurton, White, Day, Brewer.

Dissenting: Chief Justice Fuller, Justices McKenna, Holmes.

198. Southern Ry. v. Greene, 216 U.S. 400 (1910).

Alabama law which imposed on foreign corporations already admitted to do business an additional franchise or privilege tax not levied on domestic corporations exposed the foreign corporations to denial of equal protection of the laws.

Concurring: Justices Day, Harlan, Brewer, White.

Dissenting: Chief Justice Fuller, Justices McKenna, Holmes.

199. International Textbook Co. v. Pigg, 217 U.S. 91 (1910).

Kansas, which by law exacted of foreign corporations engaged in

interstate commerce the following conditions for admission and retention of the right to do business in that State, namely, procurement

of a license, submission of an annual financial statement, and which

prohibited them from filing actions in Kansas courts unless such conditions were met, imposed an unconstitutional burden on interstate

commerce.

Concurring: Justices Harlan, White, Holmes, Day, Lurton.

Dissenting: Chief Justice, Fuller, Justice McKenna.

200. St. Louis S.W. Ry. v. Arkansas, 217 U.S. 136 (1910).

Arkansas law, and commission order issued under the authority

thereof, which required an interstate carrier, upon application of a

local shipper, to deliver promptly the number of freight cars requested

for loading purposes and which, without regard to the effect of such

demand on its interstate traffic, exposed it to severe penalties for noncompliance, imposed an invalid, unreasonable burden on interstate

commerce. The rules of the American Railway Association as to availability of a member carrier’s cars for interstate shipments being a

matter of federal regulation, it was beyond the power of a state court

to pass on their sufficiency.

Concurring: Justices White, Harlan, McKenna, Holmes, Day, Lurton.

Dissenting: Chief Justice Fuller.

201. Missouri Pacific Ry. v. Nebraska, 217 U.S. 196 (1910).

Nebraska law compelling railroad, at its own expense, and upon

request of grain elevator operators, to install switches connecting
STATE ACTS HELD UNCONSTITUTIONAL 2065

such elevators with its right of way deprived the carrier of property

without due process of law.

Concurring: Justices Holmes, White, Day, Lurton, Chief Justice Fuller.

Dissenting: Justices Harlan, McKenna.

202. Dozier v. Alabama, 218 U.S. 124 (1910).

Alabama law which imposed license tax on agents, not having a

permanent place of business in that State and soliciting orders for the

purchase and delivery of pictures and frames manufactured in, and

delivered from, another State, with the title remaining in the vendor

until the agent collected the purchase price, imposed an invalid burden on interstate commercial transactions.

203. Herndon v. Chicago, R.I. & P. Ry., 218 U.S. 135 (1910).

When a railroad already has provided adequate accommodations

at any point, a Missouri regulation which required interstate trains

to stop at such point imposed an invalid, unreasonable burden on

interstate commerce. Also, a Missouri law which forfeited the right of

an admitted foreign carrier to do a local business upon its instituting

a right of action in a federal court extracted an unconstitutional condition.

204. Bailey v. Alabama, 219 U.S. 219 (1911).

Alabama law which made a refusal to perform labor contracted

for, without return of money or property advanced under the contract,

prima facie evidence of fraud and which was enforced under local

rules of evidence which precluded one accused thereof from testifying

as to uncommunicated motives was an invalid peonage law proscribed

by the Thirteenth Amendment.

Concurring: Justices Hughes, Lamar, Harlan, Day, Van Devanter, McKenna,

Chief Justice White.

Dissenting: Justices Holmes, Lurton.

205. Oklahoma v. Kansas Nat. Gas. Co., 221 U.S. 229 (1911).

Oklahoma law which withheld from foreign corporations engaged

in interstate commerce a privilege afforded domestic corporations engaged in local commerce, namely, of building pipe lines across its

highways and transporting to points outside its boundaries natural

gas extracted and reduced to possession therein, was invalid as a restraint on interstate commerce and as a deprivation of property without due process of law.

Concurring: Justices McKenna, Harlan, Day, Van Devanter, Lamar, Chief Justice White.

Dissenting: Justices Holmes, Lurton, Hughes.

206. Berryman v. Whitman College, 222 U.S. 334 (1912).

Although the federal organic act of 1867 forbade the Washington

territorial legislature from granting tax exemption privileges to pri-
2066 STATE ACTS HELD UNCONSTITUTIONAL

vate corporations, the territorial acts of 1859, as amended by an act

of 1883 which accorded a tax exemption to Whitman College, gave

rise to a contract which was impaired by the act of the state legislature, enacted in 1905, subjecting the college to taxation.

207. Northern Pacific Ry. v. Washington, 222 U.S. 370 (1912).

Consistent with doctrine of national supremacy and preemption,

state laws, including one of the State of Washington, regulating hours

of service embracing employees of interstate carriers, became inoperative immediately upon the adoption of the Federal Hours of Service

Law notwithstanding that the latter did not go into effect until a year

after its passage.

208. Southern Ry. v. Reid, 222 U.S. 424 (1912).

Inasmuch as it conflicted with § 2 of the Hepburn Act of 1906 (34

Stat. 584) forbidding interstate railway carriers to make shipments

until rates had been fixed and published by the Interstate Commerce

Commission, which in this matter had not yet acted, a North Carolina

statute requiring carriers, under penalty for refusal, to transport

interstate freight as soon as it was received was unenforceable.

Concurring: Justices McKenna, Holmes, Hughes, Van Devanter, Lamar, Chief

Justice White.

Dissenting: Justice Lurton.

Accord: Southern Ry. v. Reid & Beam, 222 U.S. 444 (1912).

Accord: Southern Ry. v. Burlington Lumber Co., 225 U.S. 99

(1912).

209. Louisville & Nashville R.R. v. Cook Brewing Co., 223 U.S. 70 (1912).

Kentucky statute prohibiting common carriers from transporting

intoxicating liquors to ‘‘dry’’ points in Kentucky was constitutionally

inapplicable to interstate shipments of such liquor to consignees in

Kentucky.

210. Atchison T. & S. F. Ry. v. O’Connor, 223 U.S. 280 (1912).

Colorado law levying tax of 2¢ on each $1,000 of a corporation’s

capital stock could not constitutionally be collected from a Kansas corporation engaged in interstate commerce, the greater part of whose

property and business were located and conducted outside Colorado.

211. Oklahoma v. Wells, Fargo & Co., 223 U.S. 298 (1912).

Oklahoma law which purported to be an ad valorem tax on the

property of corporations, levied in the form of a three per cent gross

receipts tax, and computed, in the case of express companies doing an

interstate business, as a percentage of gross receipts from all sources,

interstate as well as intrastate, which is equal to the proportion

which its business in Oklahoma bears to its total business was void

as applied to such express companies; the tax burdened interstate
STATE ACTS HELD UNCONSTITUTIONAL 2067

commerce and was levied, contrary to due process, on property in the

form of income from investments and bonds located outside the State.

212. Haskell v. Kansas Natural Gas Co., 224 U.S. 217 (1912).

Oklahoma conservation law, insofar as it withheld from foreign

corporations the right to lay pipe lines across highways for purposes

of transporting natural gas in interstate commerce, imposed an invalid burden on interstate commerce.

213. St. Louis, I. M. & S. Ry. v. Wynne, 224 U.S. 354 (1912).

Arkansas law compelling railroads to pay claimants within 30

days after notice of injury to livestock caused by their trains, and,

upon default thereof, authorizing claimants to recover double the

damages awarded by a jury plus an attorney’s fee, notwithstanding

that the amount sued for was less than the amount originally

claimed, in effect penalized the railroads for their refusal to pay excessive claims, and accordingly effected an arbitrary deprivation of

property without due process of law.

214. Bucks Stove Co. v. Vickers, 226 U.S. 205 (1912).

Kansas law which exacted certain requirements, such as obtaining permission of the State Charter Board, paying filing and license

fees, and submitting annual statements listing all stockholders, as a

condition prerequisite to doing business in Kansas and suing in its

courts could not constitutionally be applied to foreign corporations engaged in interstate commerce; a State cannot exact a franchise for the

privilege of engaging in such commerce.

215. Chicago, R. I. & P. Ry. v. Hardwick Elevator Co., 226 U.S. 426 (1913).

Congress, by enactment of the Hepburn Act (34 Stat. 584 (1906))

having preempted the field of regulation pertaining to the duty of carriers to deliver cars in interstate commerce, a Minnesota Reciprocal

Demurrage Law imposing like regulations was void.

216. Accord: St. Louis, I. Mt. & S. Ry. v. Edwards, 227 U.S. 265 (1913).

Arkansas Demurrage Law of 1907 penalizing carriers for failure

to notify consignees of arrival of shipments was similarly held void.

217. Adams Express Co. v. Croninger, 226 U.S. 491 (1913).

Congress through adoption of the Carmack Amendment having

preempted the field of regulation pertaining to the liability of interstate carriers for loss and damage to interstate shipments, a Kentucky law in conflict therewith which precluded an interstate carrier

from contracting to limit its liability to an agreed or declared value

was void.

218. Accord: Chicago, B. & Q. Ry. v. Miller, 226 U.S. 513 (1913).

An Iowa law and a provision of the Nebraska Constitution were

held to have been superseded by the Carmack Amendment.
2068 STATE ACTS HELD UNCONSTITUTIONAL

219. Accord: Chicago, St. P., M. & O. Ry. v. Latta, 226 U.S. 519 (1913).

Nebraska constitutional provision was held to have been superseded.

220. Crenshaw v. Arkansas, 227 U.S. 389 (1913).

Arkansas statute, exacting license and fee from peddlers of lightning rods and other articles, as applied to representatives of a Missouri corporation soliciting orders for the sale and subsequent delivery of stoves by said corporation, imposed an invalid burden on interstate commerce.

Accord: Rogers v. Arkansas, 227 U.S. 401 (1913).

221. Accord: Stewart v. Michigan, 232 U.S. 665 (1914), voiding application

of a similar Michigan law.

222. McDermott v. Wisconsin, 228 U.S. 115 (1913).

Wisconsin food labeling law, insofar as it exacted labelling requirements as to articles in interstate commerce which were in conflict with those required under the Federal Pure Food and Drug Act,

imposed an invalid burden on interstate commerce.

223. Missouri, K. & T. Ry. v. Harriman Bros., 227 U.S. 657 (1913).

Inasmuch as the federal Carmack Amendment preempted the

field of regulation pertaining to determination of an interstate railroad’s liability for loss or damages to goods in transit, Texas law outlawing contractual stipulations specifying a period of limitations for

filing of claims by a shipper which was briefer than that sanctioned

by the federal law was unenforceable.

Concurring: Justices Lurton, McKenna, Holmes, Hughes (separately), Day,

Van Devanter, Lamar, Chief Justice White.

Dissenting: Justice Pitney.

224. Ettor v. Tacoma, 228 U.S. 148 (1913).

Washington statute of 1907 repealing a prior act of 1893 with the

result that rights to consequential damages for a change of street

grade that had already accrued under the earlier act were destroyed

amounted to an invalid deprivation of property without due process

of law.

225. St. Louis, S. F. & T. Ry. v. Seale, 229 U.S. 156 (1913).

When the Federal Employers’ Liability Act was applicable, by

reason that the injured employee was engaged in interstate commerce, a Texas law affording a remedy for said injuries was superseded by reason of the supremacy of the former.

Concurring: Justices Van Devanter, McKenna, Holmes, Day, Lurton, Hughes,

Pitney, Chief Justice White.

Dissenting: Justice Lamar.
STATE ACTS HELD UNCONSTITUTIONAL 2069

226. Chicago, B. & Q. R.R. v. Hall, 229 U.S. 511 (1913).

Iowa law pertaining to attachment of wages of a railroad worker

adjudicated bankrupt within less than four months thereafter was in

conflict with federal bankruptcy law nullifying liens obtained within

four months prior to the filing of a petition in bankruptcy and hence

was not entitled to full faith and credit in Nebraska courts.

227. Missouri Pacific Ry. v. Tucker, 230 U.S. 340 (1913).

Kansas statute which did not permit a carrier to have the sufficiency of rates established thereunder determined by judicial review

and which exposed the carrier, when sued for charging rates in excess

thereof, to a liability for liquidated damages in the sum of $500,

which was unrelated to actual damages, effected an unconstitutional

deprivation of property without due process of law.

228. Chicago, M. & St. P. Ry. v. Polt, 232 U.S. 165 (1914).

North Dakota law which made railroads liable for double damages in case of failure to pay a claim, within 60 days after notice, or

to offer to pay a sum equal to what a jury found the claimant entitled

to was arbitrary and deprived the carriers of property without due

process of law.

Accord: Chicago, M. & St. P. Ry. v. Kennedy, 232 U.S. 626 (1914).

229. Harrison v. St. Louis, S. F. & T. R.R., 232 U.S. 318 (1914).

Oklahoma law which prohibited foreign corporations, upon penalty of forfeiting their license to do business in that State, from invoking the diversity of citizenship jurisdiction of federal courts and instituting actions therein exacted an unconstitutional condition.

230. Foote v. Maryland, 232 U.S. 495 (1914).

Maryland Oyster Inspection tax of 1910, levied on oysters coming

from other States, the proceeds from which were used partly for inspection and partly for other purposes, such as the policing of state

waters, was void as imposing a burden on interstate commerce in excess of the expenses absolutely necessary for inspection.

231. Farmers Bank v. Minnesota, 232 U.S. 516 (1914).

Minnesota tax on bonds issued by a municipality of the Territory

of Oklahoma and held by Minnesota corporations was void as a tax

on a federal instrumentality (Art. VI).

232. Russell v. Sebastian, 233 U.S. 195 (1914).

Amendment in 1911 of California constitution of 1879, and municipal ordinances of Los Angeles adopted in pursuance of the amendment were ineffectual by reason of the prohibition against impairment of contracts contained in Art. I, § 10, of the Federal Constitution, to deprive a utility of rights acquired before said amendment,
2070 STATE ACTS HELD UNCONSTITUTIONAL

which embraced the privilege of laying gas pipes under the streets of

Los Angeles.

233. Singer Sewing Machine Co. v. Brickell, 233 U.S. 304 (1914).

Alabama sewing machine license tax could not be collected from

those agencies of a foreign corporation engaged wholly in an interstate business, that is, in soliciting orders for machines to be accepted

and fulfilled at the Georgia office of the seller.

234. Tennessee Coal Co. v. George, 233 U.S. 354 (1914).

Since venue is not part of a transitory cause of action, Alabama

law which created such cause of action by making the employer liable

to the employee for injuries attributable to defective machinery was

inoperative insofar as it sought to withhold from such employee the

right to sue on such action in courts of any State other than Alabama;

the full faith and credit clause of Art. IV does not preclude a court

in another State which acquired jurisdiction from enforcing such right

of action.

235. Carondelet Canal Co. v. Louisiana, 233 U.S. 362 (1914).

Louisiana act of 1906 repealing prior act of 1858 and sequestering with compensation certain property acquired by a canal company

under the repealed enactment impaired an obligation of contact.

236. Smith v. Texas, 233 U.S. 630 (1914).

Texas act of 1914 stipulating that only those who have previously

served two years as freight train conductors or brakemen shall be eligible to serve as railroad train conductors was arbitrary and effected

a denial of the equal protection of the laws.

237. Erie R.R. v. New York, 233 U.S. 671 (1914).

Congress having completely preempted the field by its Hours of

Service Act of 1907, notwithstanding that it did not take effect until

1908, a New York labor law of 1907 regulating hours of service of

railroad telegraph operators engaged in interstate commerce effected

an invalid regulation of such commerce.

238. International Harvester Co. v. Kentucky, 234 U.S. 216 (1914).

Kentucky criminal and antitrust provisions, both constitutional

and statutory, were void for vagueness and hence violative of due

process because a prohibition of combinations which establish prices

that are greater or lower than the ‘‘real market value’’ of an article

as established by ‘‘fair competition’’ and ‘‘under normal market conditions’’ afforded no standard that was possible to know in advance and

to obey.

Concurring: Justices Holmes, Hughes, Lamar, Day, Lurton, Van Devanter,

Chief Justice White.
STATE ACTS HELD UNCONSTITUTIONAL 2071

Dissenting: Justices McKenna, Pitney.

Accord: International Harvester Co. v. Kentucky, 234 U.S. 579

(1914); Collins v. Kentucky, 234 U.S. 634 (1914); American Machine

Co. v. Kentucky, 236 U.S. 660 (1915).

239. Missouri Pacific Ry. v. Larabee, 234 U.S. 459 (1914).

Kansas statute empowering a Kansas court to award against a

litigant attorney’s fees attributable to the presentation before the

United States Supreme Court of an appeal in a mandamus proceeding

was inoperative consistently with the principle of national supremacy,

for a state court cannot be empowered by state law to assess fees for

services rendered in a federal court when such assessment is sanctioned neither by federal law nor by the rules of the Supreme Court.

240. Western Union Tel. Co. v. Brown, 234 U.S. 542 (1914).

South Carolina law making mental anguish resulting from negligent non-delivery of a telegram a cause of action could not be invoked to support an action for negligent non-delivery in the District

of Columbia, an area beyond the jurisdiction of South Carolina and,

consistent with due process, removed from the scope of its legislative

power. The statute, as applied to messages sent from South Carolina

to another jurisdiction, also was an invalid regulation of interstate

commerce.

241. United States v. Reynolds, 235 U.S. 133 (1914).

Alabama law which permitted person convicted of an offense to

contract with another whereby, in consideration of the latter becoming surety for the convicted person’s fine, the convicted person agreed

to perform certain services, and which further stipulated that if such

contract was breached, the convicted person would become subject to

a fine equal to the damages sustained by the other contracting party

and payment of which would be remitted to said contracting party imposed a form of peonage proscribed by the Thirteenth Amendment.

Concurring: Justice Holmes (separately).

242. McCabe v. Atchison, T. & S. F. Ry., 235 U.S. 151 (1914).

Oklahoma Separate Coach Law violated the equal protection

clause of the Fourteenth Amendment by permitting carriers to provide sleeping, dining, and chair cars for whites but not for Negroes.

Concurring: Chief Justice White (separately), Justices Holmes (separately),

Lamar (separately), McReynolds (separately).

243. Sioux Remedy Co. v. Cope, 235 U.S. 197 (1914).

South Dakota law which required a foreign corporation to appoint

a local agent to accept service of process as a condition precedent to

suing in state courts to collect a claim arising out of interstate commerce imposed an invalid burden on said commerce.
2072 STATE ACTS HELD UNCONSTITUTIONAL

244. Choctaw & Gulf R.R. v. Harrison, 235 U.S. 292 (1914).

Oklahoma privilege tax, insofar as it was levied on sale of coal

extracted from lands owned by Indian tribes and leased on their behalf by the Federal Government was invalid as a tax on federal instrumentality.

245. Coppage v. Kansas, 236 U.S. 1 (1915).

Kansas law proscribing ‘‘yellow dog’’ contracts whereby the employer exacted of employees an agreement not to join or remain a

member of a union as a condition of acquiring and retaining employment deprived employees of liberty of contract contrary to due process.

Concurring: Justices Pitney, McKenna, Van Devanter, Lamar, McReynolds,

Chief Justice White.

Dissenting: Justices Day, Hughes, Holmes (separately).

246. Heyman v. Hays, 236 U.S. 178 (1915).

Tennessee county privilege tax law, insofar as it was enforced as

to a liquor dealer doing a strictly mail-order business confined to

shipments to out-of-state destinations was void as a burden on interstate commerce.

Accord: Southern Operating Co. v. Hayes, 236 U.S. 188 (1915).

247. Globe Bank v. Martin, 236 U.S. 288 (1915).

Consistently with the principle of national supremacy, attachments and liens on real estate of a bankrupt, acquired pursuant to

Kentucky laws within four months prior to the filing of a petition in

bankruptcy under federal law, were null and void, and distribution of

the proceeds from the sale of such real estate was governed by federal

rather than by state law.

248. Southern Ry. v. Railroad Comm’n, 236 U.S. 439 (1915).

An Indiana statute requiring railway companies to place grabirons and hand-holds on the sides and ends of every car having been

superseded by the Federal Safety Appliance Act, penalties imposed

under the former could not be recovered as to cars operated on interstate railroads, although engaged only in intrastate traffic.

249. Kirmeyer v. Kansas, 236 U.S. 568 (1915).

Kansas prohibition law could not be validly enforced to prevent

Kansas dealer from accepting orders for alcoholic beverages which

were to be completed by interstate delivery to Kansas purchasers

from a point in Missouri; under the federal Wilson Act the interstate

transportation did not end until delivery to the consignee was completed.
STATE ACTS HELD UNCONSTITUTIONAL 2073

250. Northern Pacific Ry. v. North Dakota ex rel. McCue, 236 U.S. 585

(1915).

North Dakota law compelling carriers to haul certain commodities at less than compensatory rates deprived them of property without due process.

Concurring: Justices Hughes, McKenna, Holmes, Day, Van Devanter, Lamar,

McReynolds, Chief Justice White.

Dissenting: Justice Pitney.

251. Norfolk & Western Ry. v. Conley, 236 U.S. 605 (1915).

West Virginia law which compelled carriers to haul passengers at

noncompensatory rates deprived them of property without due process.

Concurring: Justices Hughes, McKenna, Holmes, Day, Van Devanter, Lamar,

McReynolds, Chief Justice White.

Dissenting: Justice Pitney.

252. Wright v. Central of Georgia Ry., 236 U.S. 674 (1915).

Since the lessee of two railroads, built under special charters containing irrepealable contracts exempting the railway property from

taxation in excess of a given rate was to be viewed as in the same

position as the owners, levy of an ad valorem tax on the lessee in excess of the charter rate impaired the obligation of contract (Art. I,

§ 10).

Concurring: Justices Holmes, McKenna, Day, Van Devanter, Chief Justice

White.

Dissenting: Justices Hughes, Pitney, McReynolds.

Accord: Wright v. Louisville & Nashville R.R., 236 U.S. 687

(1915).

Concurring: Justices Holmes, McKenna, Day, Van Devanter, Chief Justice

White.

Dissenting: Justices Hughes, Pitney, McReynolds.

253. Davis v. Virginia, 236 U.S. 697 (1915).

Solicitation by a peddler in Virginia of orders for portraits made

in another State, with an option to the purchaser to select frames

upon delivery of the portrait by the peddler, amounted to a single

transaction in interstate commerce, and Virginia therefore could not

validly impose a peddler’s license tax on the solicitor of such orders.

242. Chicago, B. & Q. Ry. v. Wisconsin R.R. Comm’n, 237 U.S. 220 (1915).

Wisconsin statute requiring interstate trains to stop at villages of

a specified number of inhabitants, without regard to the volume of

business done there, was void as imposing an unreasonable burden on

interstate commerce.
2074 STATE ACTS HELD UNCONSTITUTIONAL

255. Coe v. Armour Fertilizer Works, 237 U.S. 413 (1915).

Florida statute denied due process insofar as it provided, after

execution against a corporation had been returned ‘‘no property,’’ a

second execution to issue against a stockholder for the same debt to

be enforced against his property to the extent of any unpaid subscription owing on his stock and without notice to such stockholder.

256. Charleston & W. C. Ry. v. Varnville Co., 237 U.S. 597 (1915).

South Carolina law which imposed a penalty on carriers for their

failure to adjust claims within 40 days imposed an invalid burden on

interstate commerce and also was in conflict with the federal

Carmack Amendment.

257. Atchison, T. & S. F. Ry. v. Vosburg, 238 U.S. 56 (1915).

Kansas Reciprocal Demurrage Law of 1905 which allowed recovery of an attorney’s fee by the shipper in case of delinquency by the

carrier but which accorded the carrier no like privilege in case of delinquency on the part of the shipper denied the carrier equal protection of the law.

258. Rossi v. Pennsylvania, 238 U.S. 62 (1915).

Pennsylvania liquor law could not be enforced against one who

solicited orders for the delivery of alcoholic beverages to be shipped

to the consignee from another State; under the federal Wilson Act of

1890 liquor shipped in interstate commerce did not become subject to

State regulation until after delivery to the consignee.

259. Guinn v. United States, 238 U.S. 347 (1915).

Oklahoma grandfather clause, in its 1910 constitution, exempting

from a literacy requirement and automatically enfranchising all entitled to vote as of January 1, 1866, or who were descendants of those

entitled to vote on the latter date, was violative of the Fifteenth

Amendment protecting Negroes from discriminatory denial of the

right to vote based on race.

260. Accord: Mayers v. Anderson, 238 U.S. 368 (1915) wherein a similar

Maryland grandfather clause was voided.

261. Southwestern Tel. Co. v. Danaher, 238 U.S. 482 (1915).

Arkansas statute was held to be unreasonable and violative of

due process for the reason that, as enforced, it subjected a telephone

company to a $6300 penalty for discriminatory refusal to serve when,

pursuant to company regulations known to the State and uniformly

enforced for economical collection of its approved rates, it suspended

services to a delinquent and refused to resume services, while the delinquency remained unpaid, at the reduced rate afforded to those who

paid the monthly service charge in advance.
STATE ACTS HELD UNCONSTITUTIONAL 2075

262. Chicago, M. & St. P. Ry. v. Wisconsin, 238 U.S. 491 (1915).

Wisconsin statute which compelled sleeping car companies, if

upper berth was not sold, to accord use of the space thereof to purchaser of a lower berth took salable property from the owner without

compensation and therefore effected a deprivation of property without

due process of law.

Concurring: Justices Lamar, Day, Hughes, Van Devanter, Pitney, McReynolds,

Chief Justice White.

Dissenting: Justices McKenna, Holmes.

263. Truax v. Raich, 239 U.S. 33 (1915).

Arizona statute which compelled establishments hiring five or

more workers to reserve 80 per cent of the employment opportunities

to citizens denied aliens the equal protection of the laws.

Concurring: Justices Hughes, Holmes, Pitney, Lamar, Day, Van Devanter,

McKenna, Chief Justice White.

Dissenting: Justice McReynolds.

264. Provident Savings Ass’n v. Kentucky, 239 U.S. 103 (1915).

Kentucky statute levying tax, in the nature of a license tax for

the doing of local business, on premiums collected in New York by a

foreign insurance company after it had ceased to do business in that

State was violative of due process by reason of affecting activities beyond the jurisdiction of the State.

265. Indian Oil Co. v. Oklahoma, 240 U.S. 522 (1916).

Oklahoma tax on lessee’s interest in Indian lands, acquired pursuant to federal statutory authorization, was void as a tax on a federal instrumentality.

266. Rosenberger v. Pacific Express Co., 241 U.S. 48 (1916).

Texas statute imposing special licenses on express companies

maintaining offices for C.O.D. delivery of interstate shipments of alcoholic beverages imposed an invalid burden on interstate commerce

under the terms of the Wilson Act of 1890 (26 Stat. 313).

267. McFarland v. American Sugar Co., 241 U.S. 79 (1916).

Louisiana law which established a rebuttable presumption that

any person systematically purchasing sugar in Louisiana at a price

below that which he paid in any other State was a party to a monopoly or conspiracy in restraint of trade was violative of both the due

process and equal protection clauses of the Fourteenth Amendment in

that it declared an individual presumptively guilty of a crime and exempted countless others paying the same price.
2076 STATE ACTS HELD UNCONSTITUTIONAL

268. Wisconsin v. Philadelphia & Reading Coal Co., 241 U.S. 329 (1916).

Wisconsin law which revoked the license of any foreign corporation which removed to a federal court a suit instituted against it by

a Wisconsin citizen imposed an unconstitutional condition.

269. Detroit United Ry. v. Michigan, 242 U.S. 238 (1916).

Construction of acts of 1905 and 1907 as compelling a Detroit

City Railway to extend its lines to suburban areas annexed by Detroit

only on the same terms as were contained in its initial franchise as

authorized by the Detroit ordinance of 1889, wherein its fare was

fixed, operated to impair the obligation of contract.

Concurring: Justices Pitney, Holmes, Day, Van Devanter, McReynolds, Chief

Justice White.

Dissenting: Justices Clarke, Brandeis.

270. Rowland v. Boyle, 244 U.S. 106 (1917).

The two-cent passenger rate fixed by act of the Arkansas legislature was confiscatory and accordingly deprived the railroad of its

property without due process.

271. New York Central R.R. v. Winfield, 244 U.S. 147 (1917).

Congress, by enactment of the Federal Employees’ Liability Act,

having preempted the field as to determination of the liability of

interstate railroad carriers to compensate employees for injuries sustained while engaged in interstate commerce, award under New York

Workmen’s Compensation Act for injuries sustained in interstate commerce by railway employee could not be upheld.

Concurring: Justices Van Devanter, Holmes, Pitney, McReynolds, Day,

McKenna, Chief Justice White.

Dissenting: Justices Brandeis, Clarke.

272. Accord: Erie R.R. v. Winfield, 244 U.S. 170 (1917).

For the same reason, a New Jersey Workmen’s Compensation Act

was held inapplicable to a railway worker injured while engaged in

interstate commerce.

Concurring: Justices Van Devanter, Holmes, Day, Pitney, McKenna,

McReynolds, Chief Justice White.

Dissenting: Justices Brandeis, Clarke.

273. Southern Pacific Co. v. Jensen, 244 U.S. 205 (1917).

New York Workmen’s Compensation Act was unconstitutional as

applied to employees engaged in maritime work, for it afforded a remedy unknown to common law, and hence was not among the common

law remedies saved to suitors from exclusive federal admiralty jurisdiction by the Judiciary Act of 1789.

Concurring: Justices McReynolds, Day, Van Devanter, McKenna, Chief Justice

White.
STATE ACTS HELD UNCONSTITUTIONAL 2077

Dissenting: Justices Holmes (separately), Pitney (separately), Brandeis,

Clarke.

Accord: Clyde S.S. Co. v. Walker, 244 U.S. 255 (1917).

Concurring: Justices McReynolds, Day, Van Devanter, McKenna, Chief Justice

White.

Dissenting: Justices Holmes, Pitney, Brandeis, Clarke.

274. Accord: Steamship Bowdoin Co. v. Industrial Accident Comm’n of California, 246 U.S. 648 (1918), as to the inoperative effect of a California

Workmen’s Compensation Act.

275. Seaboard Air Line Ry. v. Blackwell, 244 U.S. 310 (1917).

Georgia ‘‘Blow-Post’’ law imposed an unconstitutional burden on

interstate commerce insofar as compliance with it would have required an interstate train to come practically to a stop at each of 124

ordinary grade crossings within a distance of 123 miles in Georgia

and would have added more than six hours to the running time of the

train.

Concurring: Justices McKenna, Holmes, McReynolds, Day, Clarke, Van

Devanter.

Dissenting: Chief Justice White, Justices Pitney, Brandeis.

276. Western Oil Ref. Co. v. Lipscomb, 244 U.S. 346 (1917).

Tennessee privilege tax could not validly be imposed on interstate

sales consummated at either destination in Tennessee by an Indiana

corporation which, for the purpose of filling orders taken by its salesmen in Tennessee, shipped thereto a tank car of oil and a carload of

barrels and filled the orders through an agent who drew the oil from

the tank car into the barrels, or into barrels furnished by customers,

and then made delivery and collected the agreed price, and thereafter

moved the two cars to another point in Tennessee for effecting like

deliveries.

Concurring: Justices Van Devanter, Holmes, Brandeis, Pitney, McReynolds,

Day, Clarke, McKenna.

Dissenting: Chief Justice White.

277. Adams v. Tanner, 244 U.S. 590 (1917).

Washington law which proscribed private employment agencies

by prohibiting them from collecting fees for their services deprived individuals of the liberty to pursue a lawful calling contrary to due

process of law.

Concurring: Justices McReynolds, Pitney, Van Devanter, Chief Justice White.

Dissenting: Justices McKenna, Brandeis, Holmes, Clarke.

278. American Express Company v. Caldwell, 244 U.S. 617 (1917).

Consistent with natural supremacy, South Dakota law regulating

advance of interstate rates could not be applied to changes in intra-
2078 STATE ACTS HELD UNCONSTITUTIONAL

state rates which a carrier put into effect pursuant to an order of the

Interstate Commerce Commission to abate discrimination against

interstate traffic.

Concurring: Justices Brandeis, Holmes, Pitney, McReynolds, Day, Clarke, Van

Devanter, Chief Justice White.

Dissenting: Justice McKenna.

279. Hendrickson v. Apperson, 245 U.S. 105 (1917).

Kentucky act of 1906, amending act of 1894 and construed in

such manner as to enable a county to avoid collection of taxes to

repay judgment on unpaid bonds impaired the obligation of contract.

Accord: Hendrickson v. Creager, 245 U.S. 115 (1917).

280. Looney v. Crane Co., 245 U.S. 178 (1917).

Texas law, which, under the guise of taxing the privilege of doing

an intrastate business, imposed on an Illinois corporation a license

tax based on its authorized capital stock, was void not only as imposing a burden on interstate commerce, but also as contravening the

due process clause by affecting property outside the jurisdiction of

Texas.

281. Crew Levick v. Pennsylvania, 245 U.S. 292 (1917).

Pennsylvania gross receipts tax on wholesalers, as applied to a

merchant who sold part of his merchandise to customers in foreign

countries either as the result of the receipt directly of orders from

them or as the result of orders solicited by agents abroad was void

as a regulation of foreign commerce and as a duty on exports.

282. Paper Co. v. Massachusetts, 246 U.S. 135 (1918).

License fee or excise of a given per cent of the par value of the

entire authorized capital stock of a foreign corporation doing both a

local and interstate business and owning property in several States

was a tax on the entire business and property of the corporation and

was void both as an illegal burden on interstate commerce and as a

violation of due process by reason of affecting property beyond the

borders of the taxing State.

Accord: Locomobile Co. v. Massachusetts, 246 U.S. 146 (1918).

283. Cheney Bros. v. Massachusetts, 246 U.S. 147 (1918).

When a Connecticut corporation maintains and employs a Massachusetts office with a stock of samples and an office force and traveling salesmen merely to obtain local orders subject to confirmation at

the Connecticut office and with deliveries to be made directly from

the latter, its business was interstate commerce and a Massachusetts

annual excise could not be validly applied thereto.
STATE ACTS HELD UNCONSTITUTIONAL 2079

284. New York Life Ins. Co. v. Dodge, 246 U.S. 357 (1918).

Liberty of contract, as protected by the due process clause of the

Fourteenth Amendment, precluded enforcement of the Missouri

nonforfeiture statute, prescribing how net value of a life insurance

policy is to be applied to avert a forfeiture in the event the annual

premium is not paid, so as to prevent a Missouri resident from executing in the New York office of the insurer a different agreement

sanctioned by New York law whereby the policy was pledged as security for a loan and later canceled in satisfaction of the indebtedness.

Concurring: Justices McReynolds, McKenna, Holmes, Van Devanter, Chief

Justice White.

Dissenting: Justices Brandeis, Day, Pitney, Clarke.

285. Georgia v. Cincinnati So. Ry., 248 U.S. 26 (1918).

Georgia act of 1916 revoking a grant in 1879 of a perpetual right

of way to a railroad impaired the obligation of contract (Art. I, § 10).

286. Union Pac. R.R. v. Public Service Comm’n, 248 U.S. 67 (1918).

Missouri act, insofar as it authorized the Missouri Public Service

Commission to exact a fee of $10,000 for a certificate of authority for

issuance by an interstate railroad, doing no intrastate business in

Missouri, of a $30,000,000 mortgage bond issue to meet expenditures

incurred but in small part in that State, imposed an invalid burden

on interstate commerce.

287. Flexner v. Farson, 248 U.S. 289 (1919).

Kentucky law, insofar as it authorized a judgment against nonresident individuals based on service against their Kentucky agent

after his appointment had expired, was violative of due process.

288. Central of Georgia Ry. v. Wright, 248 U.S. 525 (1919).

Tax exemptions in charters granted to certain railroads inured to

their lessee, and, accordingly, a Georgia tax authorized by a constitutional provision postdating such charters and imposed on the leasehold interest of the lessee impaired the obligation of contract.

289. Union Tank Line Co. v. Wright, 249 U.S. 275 (1919).

Georgia law under which a New Jersey company’s tank cars operating in and out of that State were assessed upon a track-mileage

basis, i.e., in an amount bearing the same ratio to the value of all its

cars and other personal property as the ratio of the miles of railroad

over which the cars were run in Georgia to the total miles over which

they were run in all States, was invalid for the reason that the rule

bore no necessary relation to the real value in Georgia and hence conflicted with due process.

Concurring: Justices McReynolds, McKenna, Holmes, Day, Van Devanter,

Chief Justice White.
2080 STATE ACTS HELD UNCONSTITUTIONAL

Dissenting: Justices Pitney, Brandeis, Clarke.

290. Standard Oil Co. v. Graves, 249 U.S. 389 (1919).

Washington law under which, in a ten-year period, inspection

fees collected on oil products brought into the State for use or consumption amounted to $335,000, of which only $80,000 was disbursed

for expenses, was deemed to impose an excessive charge and accordingly an invalid burden on interstate commerce.

291. Chalker v. Birmingham & N.W. Ry., 249 U.S. 522 (1919).

Tennessee act which made the annual tax for the privilege of

doing railway construction work dependent on whether the person

taxed had his chief office in Tennessee, i.e. $25 if he had and $100

if he did not, was violative of the privilege and immunities clause of

Art. IV, § 2.

292. New Orleans & N.E.R.R. v. Scarlet, 249 U.S. 528 (1919).

Mississippi ‘‘Prima Facie’’ act, relieving plaintiff of burden of

proof to establish negligence, could not constitutionally be applied by

a state court in suits under the Federal Employees’ Liability Act.

Accord: Yazoo & M.V.R.R. v. Mullins, 249 U.S. 531 (1919).

293. Pennsylvania R.R. v. Public Service Comm’n, 250 U.S. 566 (1919).

Pennsylvania law, as applied to an interstate train terminated by

a mail car, forbidding operation of any train consisting of United

States mail, or express, cars without rear end of car being equipped

with a platform with guard rails and steps was inoperative by reason

of conflict with federal legislation and regulations which preempted

the field.

Concurring: Justices Holmes, McKenna, Day, Van Devanter, Pitney,

McReynolds, Brandeis, Chief Justice White.

Dissenting: Justice Clarke.

294. Postal Telegraph-Cable Co. v. Warren-Godwin Co., 251 U.S. 27 (1919).

By virtue of federal legislation preempting the field, Mississippi

law could not be applied to determine validity of a contract by telegraph company limiting its responsibility when its lower rate is paid

for unrepeated interstate messages.

Concurring: Justices Holmes, McKenna, Day, Van Devanter, McReynolds,

Brandeis, Clarke, Chief Justice White.

Dissenting: Justice Pitney.

295. Western Union Tel. Co. v. Boegli, 251 U.S. 315 (1920).

Federal legislation having preempted the field, Indiana law no

longer was operative to subject a telegraph company to a penalty for

failure to deliver promptly in Indiana a message sent from a point in

Illinois.
STATE ACTS HELD UNCONSTITUTIONAL 2081

296. Travis v. Yale & Towne Mfg. Co., 252 U.S. 60 (1920).

New York income tax law which allowed exemptions to residents,

with increases for married persons and dependents but which allowed

no equivalent exemptions to nonresidents abridged the privileges and

immunities clause of Art. IV, § 2.

297. Okahoma Operating Co. v. Love, 252 U.S. 331 (1920).

Oklahoma constitution and laws, under which an order of the

State Corporation Commission declaring a laundry a monopoly and

limiting its rates was not judicially reviewable, and which compelled

litigant, for purposes of obtaining a judicial test of rates, to disobey

the order and invite serious penalty for each day of refusal pending

completion of judicial appeal, were violative of due process insofar as

rates were enforced by penalties.

298. Accord: Oklahoma Gin Co. v. Oklahoma, 252 U.S. 339 (1920).

Illinois law denying Illinois courts jurisdiction in actions for

wrongful death occurring in another State which was construed as

barring jurisdiction of actions on a sister State judgment founded

upon a like cause was, as so applied, violative of the full faith and

credit clause.

299. Askren v. Continental Oil Co., 252 U.S. 444 (1920).

New Mexico law levying annual license on distributors of gasoline

plus 2 per gallon on all gasoline sold was a privilege tax, and, as applied to parties who bring gasoline from without and sell it in New

Mexico, imposed an invalid burden on interstate commerce insofar as

it related to their business of selling in tank car lots and in barrels

or packages as originally imported.

300. Wallace v. Hines, 253 U.S. 66 (1920).

North Dakota act, as administered, imposed invalid burden on

interstate commerce and took property without due process by reason

of taxing an interstate railroad by assessing the value of its property

in the State at that proportion of the total value of its stock and

bonds that the main track mileage within the State bore to the main

track mileage of the entire line; this formula was indefensible inasmuch as the cost of construction per mile was within than without the

taxing State, and the large and valuable terminals of the railroad

were located elsewhere.

301. Hawke v. Smith (No. 1), 253 U.S. 221 (1920).

Action of Ohio legislature ratifying proposed Eighteenth Amendment could not be referred to the voters, and the provisions of the

Ohio constitution requiring such referendum were inconsistent with

Article V of the Federal Constitution.
2082 STATE ACTS HELD UNCONSTITUTIONAL

Accord: Hawke v. Smith (No. 2), 253 U.S. 231 (1920), applicable

to proposed Nineteenth Amendment.

302. Ohio Valley Co. v. Ben Avon Borough, 253 U.S. 287 (1920).

Since Pennsylvania Public Service Commission Law failed to provide opportunity by way of appeal to the courts or by injunctive proceedings to test issue as to whether rates fixed by Commission are

confiscatory, order of Commission establishing maximum future rates

violated due process of law.

Concurring: Justices McReynolds, Day, Van Devanter, Pitney, McKenna, Chief

Justice White.

Dissenting: Justices Brandeis, Holmes, Clarke.

303. Royster Guano Co. v. Virginia, 253 U.S. 412 (1920).

Virginia law which taxed all income of local corporation derived

from business within and without Virginia, while exempting entirely

income derived outside of Virginia by local corporations which did no

local business violated the equal protection clause of the Fourteenth

Amendment.

Concurring: Justices Pitney, McReynolds, McKenna, Day, Van Devanter,

Clarke, Chief Justice White.

Dissenting: Justices Brandeis, Holmes.

304. Johnson v. Maryland, 254 U.S. 51 (1920).

Maryland law requiring operator’s license of drivers of motor

trucks could not constitutionally be applied to a Postal Department

employee operating a federal mail truck in the performance of official

duty.

Concurring: Justices Holmes, McKenna, Day, Van Devanter, Brandeis, Clarke,

Chief Justice White.

Dissenting: Justices Pitney, McReynolds.

305. Turner v. Wade, 254 U.S. 64 (1920).

Georgia Tax Equalization Act denied due process insofar as it authorized an increase in the assessed valuation of the taxpayer’s property without notice and hearing and accorded him an abortive remedy

of arbitration which was nullified by the inability of the arbitrators

to agree on a lower assessment before the expiration of the time when

the assessment became final and binding.

306. Bank of Minden v. Clement, 256 U.S. 126 (1921).

Louisiana law which exempted proceeds of insurance policy, payable upon death of insured to his executor, from the claims of

insured’s creditors impaired the obligation of contract as enforced

against a debt on a promissory note antedating such laws and also

as enforced against policies which antedated the law.

Concurring: Justices McReynolds, McKenna, Holmes, Day, Van Devanter,

Pitney, Brandeis, Chief Justice White.
STATE ACTS HELD UNCONSTITUTIONAL 2083

Dissenting: Justice Clarke.

307. Bethlehem Motors Co. v. Flynt, 256 U.S. 421 (1921).

North Carolina statute which exacted a $500 license fee of every

automobile manufacturer as a condition precedent to selling cars in

the State and which imposed a like requirement on any firm selling

cars of a manufacturer who had not paid the tax, but which reduced

the fee to $100 in the event that the manufacturer had invested

three-fourths of his assets in North Carolina state and municipal securities or properties, was invalid as violative of the commerce clause

and of the equal protection clause when enforced against nonresident

manufacturers selling cars in North Carolina directly or through local

dealers.

Concurring: Justices McKenna, Holmes, Day, Van Devanter, McReynolds,

Clarke.

Dissenting: Justices Pitney, Brandeis

308. Merchant’s Nat’l Bank v. Richmond, 256 U.S. 635 (1921).

Richmond, Virginia, ordinance and Virginia statute which, as

construed, levied a tax on state and national bank shares at the aggregate rate of $1.75 per $100 of valuation and upon intangibles at

the aggregate rate of 85 per $100 valuation, a substantial proportion

of which property was in the hands of individual taxpayers, were void

as in conflict with federal law prohibiting discriminatory taxation of

national bank shares for the reason that the tax was imposed on the

national bank stocks to the aggregate value of more than $8,000,000

whereas the value of state bank stocks taxed was only $6,000,000.

309. Bowman v. Continental Oil Co., 256 U.S. 642 (1921).

New Mexico statute which imposed a tax of 2 cents per gallon

sold on distributors of gasoline was void insofar as it embraced interstate transactions, but the annual license fee of $5 imposed thereby

on each gasoline station was totally void insofar as interstate sales

threat could not be separated out from the intrastate sales.

310. Kansas City So. Ry. v. Road Improv. Dist. No. 6, 256 U.S. 658 (1921).

Arkansas statute which authorized local assessments for road improvements denied equal protection of the laws insofar as railroad

property was burdened for local improvement on a basis totally different from that used for measuring the contribution demanded of individual owners.

311. Eureka Pipe Line Co. v. Hallanan, 257 U.S. 265 (1921).

West Virginia statute which forbade engaging in the business of

transporting petroleum in pipe lines without the payment of a tax of

2¢ for each barrel of oil transported imposed an invalid burden on

interstate commerce as applied to company’s volume of oil produced

in, but moving out of, West Virginia to extra-state destinations.
2084 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Justices Holmes, McKenna, Day, Van Devanter, McReynolds,

Chief Justice Taft.

Dissenting: Justices Clarke, Pitney, Brandeis.

Accord: United Fuel Gas Co. v. Hallanan, 257 U.S. 277 (1921),

voiding like application of the West Virginia tax on the interstate

movement of natural gas.

Concurring: Justices Holmes, Pitney, McReynolds, Day, Van Devanter,

McKenna, Chief Justice Taft.

Dissenting: Justices Brandeis, Clarke.

312. Dahnke-Walker Co. v. Bondurant, 257 U.S. 282 (1921).

Kentucky law prescribing conditions under which foreign corporations could do business in that State and which precluded enforcement in Kentucky courts of contracts made by foreign corporations

not complying with said conditions could not be enforced against Tennessee corporation which sued in a Kentucky court for breach of a

contract consummated in that State for the purchase of grain to be

delivered to and used in Tennessee; such transaction was in interstate commerce, notwithstanding that the Tennessee purchaser might

change its mind after delivery to a carrier in Kentucky and sell the

grain in Kentucky or consign it to some other place in Kentucky.

Concurring: Justices Van Devanter, Holmes, Pitney, Day, McKenna,

McReynolds, Chief Justice Taft.

Dissenting: Justices Brandeis, Clarke.

313. Truax v. Corrigan, 257 U.S. 312 (1921).

Arizona statute, regulating injunctions in labor disputes which

exempted ex-employees, when committing tortious injury to the business of their former employer in the form of mass picketing, libelous

utterances, and inducement of customers to withhold patronage, while

leaving subject to injunctive restraint all other tort-feasors engaged in

like wrong-doing, deprived the employer of property without due process and denied him equal protection of the law.

Concurring: Justices Van Devanter, Day, McKenna, McReynolds, Chief Justice

Taft.

Dissenting: Justices Holmes, Pitney, Clarke, Brandeis.

314. Gillespie v. Oklahoma, 257 U.S. 501 (1922).

Oklahoma income tax law could not validly be enforced as to net

income of lessee derived from the sales of his share of oil and gas received under leases of restricted Indian lands which constituted him

in effect an instrumentality used by the United States in fulfilling its

duties to the Indians.

Concurring: Justices Holmes, Day, Van Devanter, McKenna, McReynolds,

Chief Justice Taft.

Dissenting: Justices Pitney, Brandeis, Clarke.
STATE ACTS HELD UNCONSTITUTIONAL 2085

315. Terral v. Burke Constr. Co., 257 U.S. 529 (1922).

Arkansas law which revoked the license of a foreign corporation

to do business in that State whenever it resorted to the federal courts

sitting in that State exacted an unconstitutional condition.

316. Lemke v. Farmers Grain Co., 258 U.S. 50 (1922).

North Dakota statute which required purchasers of grain to obtain a license to act under a defined system of grading, inspection,

and weighing, and to abide by regulations as to prices and profits imposed an invalid burden on interstate commerce insofar as it was applied to a North Dakota association which bought grain in the State

and loaded it promptly on cars for shipment to other States for sale,

notwithstanding occasional diversion of the grain for local sales.

Concurring: Justices Day, McKenna, McReynolds, Van Devanter, Pitney, Chief

Justice Taft.

Dissenting: Justices Brandeis, Holmes, Clarke.

Accord: Lemke v. Homer Farmers Elevator Co., 258 U.S. 65

(1922).

Justices Concurring: Day, McKenna, McReynolds, Pitney, Van Devanter, Chief

Justice Taft.

Dissenting: Justices Holmes, Brandeis, Clarke.

317. Newton v. Consolidated Gas Co., 258 U.S. 165 (1922).

Rates fixed for the sale of gas by New York statute were confiscatory and deprived the utility of its property without due process of

law.

Accord: Newton v. New York Gas Co., 258 U.S. 178 (1922); Newton v. Kings County Lighting Co., 258 U.S. 180 (1922); Newton v.

Brooklyn Union Gas Co., 258 U.S. 604 (1922); Newton v. Consolidated

Gas Co., 259 U.S. 101 (1922).

318. Forbes Pioneer Boat Line v. Everglades Drainage Dist., 258 U.S. 338

(1922).

Florida law retroactively validating collection of fee for passage

through a canal, the use of which was then free by law, was ineffective; a legislature could not retroactively approve what it could not

lawfully do.

319. Texas Co. v. Brown, 258 U.S. 466 (1922).

Georgia law levying inspection fees and providing for inspection

of oil and gasoline was unconstitutional as applied to gasoline and oil

in interstate commerce; for the fees clearly exceeded the cost of inspection and amounted to a tariff levied without the consent of Congress.
2086 STATE ACTS HELD UNCONSTITUTIONAL

320. Chicago & N.W. Ry. v. Nye Schneider Fowler Co., 260 U.S. 35 (1922).

Nebraska law, as construed, which authorized imposition against

carrier, in favor of claimant, of an additional attorney’s fee of $100,

upon the basis of the service rendered, time and labor bestowed, and

recovery secured by claimant’s attorney in resisting appeal by which

the carrier obtained a large reduction of an excessive judgment was

unreasonable in that it deterred carrier from vindicating its rights by

appeal and therefore was violative of due process.

321. St. Louis Compress Co. v. Arkansas, 260 U.S. 346 (1922).

Arkansas law exacting of persons insuring property in Arkansas

a five percent tax on amounts paid on premiums to insurers not authorized to do business in Arkansas was violative of due process insofar as it was applied to insurance contracted and paid for outside Arkansas by a foreign corporation doing a local business.

322. Champlain Co. v. Brattleboro, 260 U.S. 366 (1922).

Logs under control of the owner which, in the course of their

interstate journey, were being temporarily detained by a boom to

await subsidence of high waters and for the sole purpose of saving

them from loss were in interstate commerce and, accordingly, a Vermont levy of a property tax thereon was void.

323. Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922).

Pennsylvania law which forbade mining in such a way as to

cause subsidence of any human habitation or public street or building

and which thereby made commercially impracticable the removal of

valuable coal deposits was deemed arbitrary and amounted to a deprivation of property without due process. As applied to an owner of land

who, prior to this enactment, had validly deeded the surface with express reservation of right to remove coal underneath and subject to

waiver by grantee of damage claims resulting from such mining, said

law also impaired the obligation of contract.

Concurring: Justices Holmes, McKenna, Day, Van Devanter, Pitney,

McReynolds, Sutherland, Chief Justice Taft.

Dissenting: Justice Brandeis.

324. Columbia Ry., Gas & Electric Co. v. South Carolina, 261 U.S. 236

(1923).

South Carolina statute, as construed, which sought to convert a

covenant in a prior legislative contract into a condition subsequent,

and to impose as a penalty for its violation the forfeiture of valuable

property, impaired the obligation of contract.

325. Federal Land Bank v. Crosland, 261 U.S. 374 (1923).

A first mortgage executed to a Federal Land Bank is a federal instrumentality and cannot be subjected to an Alabama recording tax.
STATE ACTS HELD UNCONSTITUTIONAL 2087

326. Phipps v. Cleveland Refg. Co., 261 U.S. 449 (1923).

Ohio law, which was applicable to interstate and intrastate commerce and which exacted fees for inspection of petroleum products in

excess of the legitimate cost of inspection, imposed an invalid import

tax to the extent that the excess could not be separated and assigned

solely to intrastate commerce.

327. Thomas v. Kansas City So. Ry., 261 U.S. 481 (1923).

Insofar as drainage district tax authorized under Arkansas law

imposed upon a railroad a levy disproportionate to the value of the

benefits derived from said improvement, the tax was violative of the

equal protection clause.

328. Davis v. Farmers Co-operative Co., 262 U.S. 313 (1923).

Minnesota law which provided that interstate railroads which

had an agent in Minnesota to solicit traffic over lines outside Minnesota may be served with summons by delivery of copy thereof to the

agent imposed an invalid burden on interstate commerce as applied

to a carrier which owned and operated no facilities in Minnesota and

which was sued by a plaintiff who did not reside therein on a cause

of action arising outside the State.

329. First Nat’l Bank v. California, 262 U.S. 366 (1923).

California law which escheated to state bank deposits unclaimed

for 20 years, notwithstanding that no notice of residence has been

filed with the bank by the depositor or any claimant, was invalid, as

to deposits in national banks by reason of conflict with applicable federal law.

330. Meyer v. Nebraska, 262 U.S. 390 (1923).

Nebraska law which forbade the teaching of any language other

than English in any school, private, denominational, or public, maintaining classes for the first eight grades affected a denial of liberty

without due process of law.

331–332. Accord: Bartels v. Iowa, 262 U.S. 404 (1923), and Bohning v. Ohio,

262 U.S. 404 (1923), voiding similar Iowa and Ohio laws.

Concurring (in each of the above cases): Justices McReynolds, Brandeis, Butler, Sanford, Van Devanter, McKenna, Chief Justice Taft.

Dissenting (in each of the above cases): Justices Holmes, Sutherland.

333. Georgia Ry. & Power Co. v. Decatur, 262 U.S. 432 (1923).

Georgia law which extended corporate limits of a town and which,

as judicially construed, had the effect of rendering applicable to the

added territory street railway rates fixed by an earlier contract between the town and the railway impaired the obligation of that contract by adding to its burden.

Accord: Georgia Ry. v. College Park, 262 U.S. 441 (1923).
2088 STATE ACTS HELD UNCONSTITUTIONAL

334. Wolff Packing Co. v. Industrial Court, 262 U.S. 522 (1923).

Kansas law which compelled business engaged in manufacturing

and in the processing of food to continue operation in the event of a

labor dispute, to submit the controversy to an arbitration board, and

to abide by the latter’s recommendations pertaining to the payment

of minimum wages subjected both employers and employees to a denial of liberty without due process of law.

Accord: Dorchy v. Kansas, 264 U.S. 286 (1924), same Kansas law

voided when applied to labor disputes affecting coal mines; Wolff

Packing Co. v. Industrial Court, 267 U.S. 552 (1925), voiding other

provisions of this Kansas law which authorized arbitration tribunal in

the course of compulsory arbitration, to fix the hours of labor to be

observed by an employer involved in a labor dispute.

335. Kentucky Co. v. Paramount Exch., 262 U.S. 544 (1923).

Wisconsin law which required a foreign corporation not doing

business in Wisconsin, or having property there, other than that

sought to be recovered in a suit, to send, as a condition precedent to

maintaining such action, its officer with corporate records pertinent

to the matter in controversy, and to submit to an adversary examination before answer, but which did not subject nonresident individuals

to such examination, except when served with notice and subpoena

within Wisconsin, and then only in the court where the service was

had, and which limited such examinations, in the case of residents of

Wisconsin, individual or corporate, to the county of their residence

violated the equal protection clause.

Concurring: Justices Van Devanter, Sanford, Butler, McKenna, McReynolds,

Sutherland, Chief Justice Taft.

Dissenting: Justices Brandeis, Holmes.

336. Pennsylvania v. West Virginia, 262 U.S. 553 (1923).

West Virginia law which required pipe line companies to fill all

local needs before endeavoring to export any natural gas extracted in

West Virginia was void as a prohibited interference with interstate

commerce.

Concurring: Justices Van Devanter, Sutherland, Butler, McKenna, Chief Justice Taft.

Dissenting: Justices Holmes, McReynolds, Brandeis, Sanford.

337. Bunch v. Cole, 263 U.S. 250 (1923).

When lease of an Indian allotment, made by the allottee in excess

of the powers of alienation granted by federal law, is declared null

and void by federal law, Oklahoma statute, as judicially applied,

which gave the lease the effect of a tenancy at will and as controlling

the amount of compensation which the allottee may recover for use
STATE ACTS HELD UNCONSTITUTIONAL 2089

and occupation by the lessees also was void, consistently with the

principle of national supremacy.

338. Clallam County v. United States, 263 U.S. 341 (1923).

Washington state and county property taxes cannot be levied on

the property of a corporation which, though formed under Washington

law, was a federal instrumentality created and operated by the United States as an instrument of war.

339. Tampa Interocean Steamship Co. v. Louisiana, 266 U.S. 594 (1925).

Louisiana license tax law could not validly be enforced as to the

business of companies employed as agents by owners of vessels engaged exclusively in interstate and foreign commerce when the services performed by the agents consisted of the soliciting and engaging

of cargo, and the nomination of vessels to carry it, etc. (See Texas

Transp. Co. v. New Orleans, 264 U.S. 150 (1924), voiding like application of a similar New Orleans ordinance.)

340. Sperry Oil Co. v. Chisholm, 264 U.S. 488 (1924).

Oklahoma law which required that the execution of a lease on the

family homestead also must be executed by the wife was inoperative,

consistently with the principle of national supremacy, to the extent

that under federal law Congress had empowered a Cherokee Indian

to make an oil or gas lease on his restricted ‘‘homestead’’ allotment

subject only to the approval of the Secretary of the Interior.

341. Burns Baking Co. v. Bryan, 264 U.S. 504 (1924).

Nebraska law which prescribed the minimum weights of loaves of

bread to be made and sold and which, in order to prevent the palming

off of smaller for larger sizes, fixed a maximum for each class and allowed a ‘‘tolerance’’ of only two ounces per pound in excess of the minimum was found to be unreasonable, to be unnecessary to protect purchasers against the imposition of fraud by short weights, and therefore to deprive bakers and sellers of bread of their liberty without due

process of law.

Concurring: Justices Butler, Sanford, McReynolds, Sutherland, McKenna, Van

Devanter, Chief Justice Taft.

Dissenting: Justices Brandeis, Holmes.

342. Missouri ex rel. Burnes Nat’l Bank v. Duncan, 265 U.S. 17 (1924).

Inasmuch as under the Federal Reserve Act national banks were

authorized to act as executors, a Missouri law was ineffective, under

the principle of national supremacy, to withhold such powers from

such banks.

Concurring: Justices Holmes, Sanford, Brandeis, McKenna, Van Devanter,

Butler, Chief Justice Taft.

Dissenting: Justices Sutherland, McReynolds.
2090 STATE ACTS HELD UNCONSTITUTIONAL

343. Atchison, T. & S.F. Ry. v. Wells, 265 U.S. 101 (1924).

Texas law which permitted a nonresident to prosecute a case

which arose outside of Texas against a railroad corporation of another

State which was engaged in interstate commerce and neither owned

nor operated facilities in Texas was inoperative by reason of imposing

a burden on interstate commerce.

344. Air-Way Corp. v. Day, 266 U.S. 71 (1924).

Ohio law which levied an annual fee on foreign corporations for

the privilege of exercising their franchise in the State, which was

computed at the rate of 5¢ per share upon the proportion of the number of shares of authorized common stock represented by property

owned and used and business transacted in Ohio was void as imposing a burden on interstate commerce when applied to a foreign corporation all of whose business, intrastate and interstate, and all of

whose property were represented by the shares outstanding; application of the rate to all shares authorized, or even to a greater number

than the total outstanding, amounted to a burden on all property and

business including interstate commerce. As imposed, the tax also violated the equal protection clause.

345. Aetna Life Ins. Co. v. Dunken, 266 U.S. 389 (1924).

Policy of insurance originally issued to insurer in Tennessee and

converted by him in Texas from term insurance to 20 year payment

life was deemed to be a mere continuation of the original policy, and

upon suit on the policy in Texas, a Texas law imposing a penalty and

allowing an attorney’s fee could not constitutionally be applied

against the insurer for the reason that Texas could not regulate contracts consummated outside its limits in conformity with the laws of

the place where the contract was made without violating full faith

and credit clause.

346. Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925).

Missouri law which required foreign corporations doing business

therein to pay an annual franchise tax of 1/10 of 1% of the par value

of capital stock and surplus employed in business in the State could

not constitutionally be exacted of a pipe line company for the privilege

of doing in Missouri what was exclusively an interstate business.

Concurring: Justices Sutherland, Holmes, Van Devanter, McReynolds, Butler,

Sanford, McKenna, Chief Justice Taft.

Justice Dissenting: Brandeis.

347. Michigan Commission v. Duke, 266 U.S. 570 (1925).

Michigan law which converted an interstate contract motor carrier into a public utility by legislative fiat in effect took property for

public use without compensation in violation of the due process
STATE ACTS HELD UNCONSTITUTIONAL 2091

clause, and also imposed unreasonable conditions on the right to

carry on interstate commerce.

348. Flanagan v. Federal Coal Co., 267 U.S. 222 (1925).

In a suit for breach of contract, plaintiff’s right to maintain suit

could not be barred by his failure to pay a Tennessee license tax for

the reason that the state law levying the same could not be applied

to a contract for the purchase of coal to be delivered to customers in

other States, that is, in interstate commerce.

349. Buck v. Kuykendall, 267 U.S. 307 (1925).

Washington law which prohibited motor vehicle common carriers

for hire from using its highways without obtaining a certificate of convenience could not validly be exacted of an interstate motor carrier;

the law was not a regulation designed to promote public safety but

a prohibition of competition and, accordingly, burdened interstate

commerce.

Concurring: Justices Brandeis, Sanford, Sutherland, Van Devanter, Butler,

Holmes, Chief Justice Taft.

Dissenting: Justice McReynolds.

350. Accord: Bush Co. v. Maloy, 267 U.S. 317 (1925), voiding like application

of a similar Maryland law.

Concurring: Justices Brandeis, Sutherland, Van Devanter, Holmes, Sanford,

Butler, Chief Justice Taft.

Justice Dissenting: McReynolds.

351. Accord: Allen v. Galveston Truck Line Corp., 289 U.S. 708 (1933), voiding like application of a Texas law.

352. Missouri Pacific R.R. v. Stroud, 267 U.S. 404 (1925).

When carrier had two routes by which freight might move between two points in a State, the second of which was partly interstate, a suit against the carrier for discrimination in the furnishing

of cars which arose out of use of the interstate route in conformity

with the carrier’s practice was governed by the Interstate Commerce

Act, and the Missouri law governing such discrimination was superseded and inapplicable (Art. VI).

353. Lancaster v. McCarty, 267 U.S. 427 (1925).

Federal law (39 Stat. 441 (1916)) which authorized carriers to

limit liability upon property received for transportation to value declared by shipper, where the rates were based on such value pursuant

to authority of Interstate Commerce Commission, superseded Texas

law in respect to a claim for damage to goods shipped intrastate between Texas points for the reason that the tariff and classification

had been adopted by the carrier pursuant to an order of the Commis-
2092 STATE ACTS HELD UNCONSTITUTIONAL

sion requiring it to remove discrimination against interstate commerce which had resulted from lower Texas intrastate rates.

354. Shafer v. Farmers Grain Co., 268 U.S. 189 (1925).

North Dakota Grain Grading Act which required locally grown

wheat, 90% of which was for interstate shipment, to be graded by licensed inspectors and imposed various requirements, such as the

keeping of records of quantity purchased and price paid and the exaction of bonds from purchasers maintaining grain elevators was not

supportable as an inspection law and was void by reason of imposing

undue burdens on interstate commerce.

Concurring: Justices Van Devanter, Holmes, Butler, McReynolds, Sutherland,

Sanford, Stone, Chief Justice Taft.

Justice Dissenting: Brandeis.

355. Alpha Cement Co. v. Massachusetts, 268 U.S. 203 (1925).

Massachusetts law which imposed excise tax on foreign corporations doing business therein, measured by a combination of the total

value of capital shares attributable to transactions therein and the

proportion of net income attributable to such transactions, could not

validly be applied to a foreign corporation which transacted only as

interstate business therein. The tax as here imposed also violated the

due process clause by affecting property beyond Massachusetts borders.

Concurring: Justices McReynolds, Holmes, Van Devanter, Butler, Sutherland,

Stone, Sanford, Chief Justice Taft.

Dissenting: Justice Brandeis.

356. Frick v. Pennsylvania, 268 U.S. 473 (1925).

Pennsylvania estate tax law, insofar as it measured the tax on

the transfer of that part of the decedent’s estate located within Pennsylvania by taking the whole of the decedent’s estate which included

tangible personal property located outside Pennsylvania, was violative

of due process.

357. Pierce v. Society of Sisters, 268 U.S. 510 (1925).

Oregon Compulsory Education Law which required every parent

to send his child to a public school was an unconstitutional interference with the liberty of parents and guardians to direct the upbringing of children and was violative of due process.

358. Davis v. Cohen, 268 U.S. 638 (1925).

When the Federal Transportation Act of 1920 provided that suits

on claims arising out of federal wartime control of the railroads might

be brought against a federal agent, if instituted within two years

after federal control had ended, Massachusetts law allowing amendments of proceedings prior to judgment, could not be invoked to sub-
STATE ACTS HELD UNCONSTITUTIONAL 2093

stitute the Agent as defendant more than two years after federal control had ended; the suit in which the substitution was attempted had

erroneously been filed against the railroad rather than against the

Federal Director General during the period of federal control, and

since the substitution amounted to filing a new action, invocation of

the Massachusetts law was repugnant to the Federal Transportation

Act’s provisions as to limitations.

359. Lee v. Osceola Imp. Dist., 268 U.S. 643 (1925).

Arkansas statute which imposed special assessment on lands acquired by private owners from the United States on account of benefits resulting from road improvements completed before the United

States parted with title effected a taking of property without due

process of law.

360. First Nat’l Bank v. Anderson, 269 U.S. 341 (1926).

As applied to national banks, Iowa tax law providing for a levy

on shares of such banks at rates less favorable than the rates applied

to moneyed capital invested in competition with such banks was repugnant to federal law prohibiting such discrimination (Art. VI).

361. Connally v. General Const. Co., 269 U.S. 385 (1926).

Iowa law which imposed severe, cumulative punishments upon

contractors with the State who paid their workers less than ‘‘the current rate of per diem wages in the locality where the work is performed’’ was void for vagueness and violative of due process.

Concurring: Justices Brandeis, Holmes.

362. Browning v. Hooper, 269 U.S. 396 (1926).

Texas statute which permitted property taxpaying voters to originate an election approving creation of a road improvement district

with power to float bond issue and to levy taxes to amortize the same,

with provision for establishment of the district if approved by twothirds of those voting in the election, was procedurally defective in

that each taxpayer to be assessed for the improvement was not accorded a notice and opportunity to be heard on the question of the

benefits and hence denied due process.

363. Rhode Island Trust Co. v. Doughton, 270 U.S. 69 (1926).

North Carolina law purporting to tax inheritance of shares owned

by nonresident in a foreign corporation having 50% or more of its

property in North Carolina was violative of due process inasmuch as

the property of a corporation is not owned by a shareholder and presence of corporate property in the State did not give it jurisdiction over

his shares for tax purposes.
2094 STATE ACTS HELD UNCONSTITUTIONAL

364. Oregon-Washington Co. v. Washington, 270 U.S. 87 (1926).

Federal legislation having preempted the field, a Washington law

which established a quarantine against importation of hay and alfalfa

meal, except in sealed containers, coming from areas in other States

harboring the alfalfa weevil was inoperative.

Concurring: Chief Justice Taft, Justices Holmes, Van Devanter, Brandeis, Butler, Sanford, Stone.

Justices Dissenting: McReynolds, Sutherland.

365. Schlesinger v. Wisconsin, 270 U.S. 230 (1926).

Wisconsin law which established a conclusive presumption that

all gifts of a material part of a decedent’s estate made by him within

six years of his death were made in contemplation of death and therefore subject to the graduated inheritance tax created an arbitrary

classification violative of the due process and equal protection clauses.

Concurring: Justices McReynolds, Butler, Sutherland, Sanford, Van Devanter,

Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis, Stone.

Accord: Uihlein v. Wisconsin, 273 U.S. 642 (1926).

366. Weaver v. Palmer Bros., 270 U.S. 402 (1926).

Pennsylvania law which prohibited the use of shoddy, even when

sterilized, in the manufacture of bedding materials, was so arbitrary

and unreasonable as to be violative of due process.

Concurring: Butler, Van Devanter, Sutherland, Sanford, McReynolds, Chief

Justice Taft.

Dissenting: Justices Holmes, Brandeis, Stone.

367. Fidelity & Deposit Co. v. Tafoya, 270 U.S. 426 (1926).

New Mexico law which forbade insurance companies authorized

to do business in that State to pay any nonresident any fee for the

obtaining or placing of any policies covering risks in New Mexico was

violative of due process by reason of attempting to control conduct beyond the jurisdiction of New Mexico.

Concurring: Justices Holmes, Van Devanter, Sutherland, Stone, Butler, Chief

Justice Taft.

Dissenting: Justices McReynolds, Brandeis, Sanford.

368. Childers v. Beaver, 270 U.S. 555 (1926).

Oklahoma inheritance tax law, applied to inheritance by Indians

of Indian lands as determined by federal law, was void as a tax on

a federal instrumentality.

369. Appleby v. City of New York, 271 U.S. 365 (1926).

Acts of New York of 1857 and 1871 authorizing New York City

to erect piers over submerged lots impaired the obligation of contract

as embraced in deeds to such submerged lots conveyed to private
STATE ACTS HELD UNCONSTITUTIONAL 2095

owners for valuable consideration through deeds executed by New

York City in 1852.

370. Appleby v. Delaney, 271 U.S. 403 (1926).

Act of New York of 1871 whereby New York City was authorized

to construct certain harbor improvements impaired the obligation of

contract embraced in prior deeds to grantees whereunder the latter

were accorded the privilege of filling in their underwater lots and constructing piers thereover.

371. Frost Trucking Co. v. Railroad Comm’n, 271 U.S. 583 (1926).

California law whereunder private carriers by automobile for hire

could not operate over California highways between fixed points in

the State without obtaining a certificate of convenience and submitting to regulation as common carriers exacted an unconstitutional

condition and effected a denial of due process.

Concurring: Justices Sutherland, McReynolds (separately), Chief Justice Taft,

Sanford, Stone, Butler, Van Devanter.

Dissenting: Justices Holmes, Brandeis.

372. Jaybird Mining Co. v. Wier, 271 U.S. 609 (1926).

Oklahoma law which levied an ad valorem tax on ores mined and

in bins on the land was void as a tax on federal instrumentality when

applied to a lessee of Indian land leased with the approval of the Secretary of the Interior.

Justices Concurring: Butler, Stone, Holmes, Sanford, Sutherland, Van

Devanter, Chief Justice Taft.

Dissenting: Justices McReynolds, Brandeis.

373. Hughes Bros. v. Minnesota, 272 U.S. 469 (1926).

Minnesota law levying personal property tax could not be collected on logs cut in Minnesota pursuant to a contract of sale for delivery in Michigan while they were in transit in interstate commerce

by a route from Minnesota to Michigan.

374. Hanover Ins. Co. v. Harding, 272 U.S. 494 (1926).

When an Illinois tax law originally is construed as a personal

property tax whereby the local net receipts of foreign insurance companies were subjected to assessment at only 30% of full value, but at

a later date is construed as a privilege tax with the result that all

the local net income of such foreign companies was taxed at the rate

applicable to personal property while domestic companies continued

to pay the tax on their personal property assessed at the reduced

valuation, the resulting discrimination denied the foreign companies

the equal protection of the laws.
2096 STATE ACTS HELD UNCONSTITUTIONAL

375. Wachovia Trust Co. v. Doughton, 272 U.S. 567 (1926).

North Carolina inheritance tax law could not validly be applied

to property constituting a trust fund in Massachusetts established

under the will of a Massachusetts resident and bestowing a power of

appointment upon a North Carolina resident who exercised that

power through a will made in North Carolina; the levy by a State of

the tax on property beyond its jurisdiction was violative of due process.

Concurring: Justices Holmes, Brandeis, Stone.

376. Ottinger v. Consolidated Gas Co., 272 U.S. 576 (1926).

Act of New York prescribing a gas rate of $1 per thousand feet

was confiscatory and deprived the utility of its property without due

process of law.

Accord: Ottinger v. Brooklyn Union Co., 272 U.S. 579 (1926).

377. Napier v. Atlantic Coast Line Ry., 272 U.S. 605 (1926).

The Federal Boiler Inspection Act having occupied the field of

regulation pertaining to locomotive equipment on interstate highways, a Georgia law requiring cab curtains and automatic fire box

doors was deemed to have been superseded and therefore inoperative.

378. Miller v. Milwaukee, 272 U.S. 713 (1927).

Wisconsin law which exempted income of corporation derived

from interest received from tax exempt federal bonds owned by said

corporation, but which attempted to tax such income indirectly by

taxing only so much of the stockholder’s dividends as corresponded to

the corporate income not assessed, was invalid.

Concurring: Justices Brandeis, Stone.

379. Di Santo v. Pennsylvania, 273 U.S. 34 (1927).

Pennsylvania law exacting a license from persons engaged in the

State in the sale of steamship tickets and orders for transportation

to or from foreign countries was void as imposing an undue burden

on foreign commerce.

Concurring: Justices Butler, McReynolds, Van Devanter, Sutherland, Sanford,

Chief Justice Taft.

Dissenting: Justices Brandeis, Holmes, Stone.

380. Missouri Pacific R.R. v. Porter, 273 U.S. 341 (1927).

Congress having occupied the field by its own legislation, an Arkansas law which prohibited carriers from incorporating into their

bills of lading stipulations exempting the carriers from liability for

loss of shipments by fire not due to the carriers’ negligence was

deemed to have been superseded and therefore inoperative.
STATE ACTS HELD UNCONSTITUTIONAL 2097

381. Tyson & Bro. v. Banton, 273 U.S. 418 (1927).

New York law which prohibited ticket agencies for selling theatre

tickets at prices in excess of 50¢ over the price printed on the ticket

was void by reason of regulating a business not affected with the public interest and depriving such business of due process.

Concurring: Justices Sutherland, Van Devanter, Butler, McReynolds, Chief

Justice Taft.

Dissenting: Justices Holmes, Brandeis, Stone, Sanford.

382. Tumey v. Ohio, 273 U.S. 510 (1927).

Ohio law which compensated mayors serving as judges in minor

prohibition offenses solely out of the fees and costs collected from defendants who were convicted was violative of due process.

383. Nixon v. Herndon, 273 U.S. 536 (1927).

Texas White Primary Law which barred Negroes from participation in Democratic party primary elections denied them the equal protection of the laws.

384. First Nat’l Bank v. Hartford, 273 U.S. 548 (1927).

Wisconsin tax law, as imposed on shares of a national bank, was

in conflict with federal law prohibiting state taxation of such shares

at rates in excess of those levied on moneyed capital employed in competition with the business of such banks and was therefore inoperative as to the shares of said banks.

385. Accord: Minnesota v. First Nat’l Bank, 273 U.S. 561 (1927), holding inoperative for the same reason a Minnesota law taxing national bank

shares.

386. Accord: Commercial Nat’l Bank v. Custer County, 275 U.S. 502 (1927),

holding inoperative a similar Montana tax law.

387. Accord: Keating v. Public Nat’l Bank, 284 U.S. 587 (1932), holding inoperative for the same reason a New York tax law.

388. Fairmont Co. v. Minnesota, 274 U.S. 1 (1927).

Minnesota law which punished anyone who discriminated between different localities of that State by buying dairy products in one

locality at a higher price than was paid for the same commodities in

another locality infringed liberty of contract as protected by the due

process clause.

Concurring: Justices McReynolds, Butler, Van Devanter, Sanford, Sutherland,

Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis, Stone.
2098 STATE ACTS HELD UNCONSTITUTIONAL

389. Ohio Pub. Serv. Co. v. Ohio ex rel. Fritz, 274 U.S. 12 (1927).

Ohio law which destroyed assignability of a franchise previously

granted to an electric company by a municipal ordinance impaired the

obligation of contract.

Concurring: Justices McReynolds, Sutherland, Stone, Sanford, Butler, Van

Devanter, Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis.

390. Southern Ry. v. Kentucky, 274 U.S. 76 (1927).

Kentucky law which imposed a franchise tax on railroad corporations was constitutionally defective and violative of due process insofar as it was computed by including mileage outside the State which

did not in any plain and intelligible way add to the value of the road

and the rights exercised in Kentucky.

Concurring: Justices Butler, Holmes, Sutherland, Stone, McReynolds, Van

Devanter, Sanford, Chief Justice Taft.

Dissenting: Justice Brandeis.

391. Road Improv. Dist. v. Missouri Pacific R.R., 274 U.S. 188 (1927).

Special assessments levied against a railroad by a road district

pursuant to an Arkansas statute and based on real property and rolling stock and other personalty were unreasonably discriminatory and

excessive and deprived the railroad of property without due process

by reason of the fact that other assessments for the same improvement were based solely on real property.

392. Fiske v. Kansas, 274 U.S. 380 (1927).

As construed and applied to an organization not shown to have

advocated any crime, violence, or other unlawful acts, the Kansas

criminal syndicalism law was violative of due process.

393. Cline v. Frink Dairy Co., 274 U.S. 445 (1927).

By reason of the exception contained therein, whereby its prohibitions were not to apply to conduct engaged in by participants whenever necessary to obtain a reasonable profit from products traded in,

the Colorado Antitrust Law was void for want of a fixed standard for

determining guilt and violative of due process.

394. Power Mfg. Co. v. Saunders, 274 U.S. 490 (1927).

As applied to a foreign corporation having a fixed place of business and an agent in one county, but no property, debts or anything

also in the county in which it was sued, Arkansas law which authorized actions to be brought against a foreign corporation in any county

in the State, while restricting actions against domestic corporations

to the county where it had a place of business or where its chief officer resided, deprived the foreign corporation of equal protection of the

laws.
STATE ACTS HELD UNCONSTITUTIONAL 2099

Concurring: Justices Van Devanter, McReynolds, Sutherland, Stone, Sanford,

Butler, Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis.

395. Northwestern Ins. Co. v. Wisconsin, 275 U.S. 136 (1927).

Wisconsin law levying a tax on the gross income of domestic insurance companies was void where the income was derived in part as

interest on United States bonds.

396. Wuchter v. Pizzutti, 276 U.S. 13 (1928).

New Jersey statute which provided that in suits by residents

against nonresidents for injuries resulting from operation of motor vehicles by the latter, service might be made on the Secretary of State

as their agent, but which failed to provide any assurance that notice

of such service would be communicated to the nonresidents, was violative of due process.

Concurring: Chief Justice Taft, Justices Van Devanter, Butler, Sutherland,

Sanford, McReynolds.

Dissenting: Justices Brandeis, Holmes, Stone.

397. Accord: Consolidated Flour Mills Co. v. Muegge, 278 U.S. 559 (1928),

voiding similar service as authorized by an Oklahoma law.

398. Missouri ex rel. Robertson v. Miller, 276 U.S. 174 (1928).

Mississippi statute which terminated right of retired revenue

agent to prosecute suits for unpaid taxes in the name of his successor

by requiring that the successor approve and join in such suits, and

which further stipulated that the successor share equally in the commissions hitherto accruing solely to the retired agent, was held to impair the latter’s rights under the contract clause insofar as it was enforced retroactively to accord a share to the successor in suits instituted by the retired agent before this legislative alteration.

399. Montana Nat’l Bank v. Yellowstone County, 276 U.S. 479 (1928).

Montana law which levied tax on national bank shares was violative of federal law prohibiting levy on such shares as rates higher

than those assessed on moneyed capital in hands of individual citizens.

400. New Brunswick v. United States, 276 U.S. 547 (1928).

Property taxes assessed under New Jersey law on land acquired

from the United States Housing Corporation by private purchasers

subject to retention of mortgage by the federal agency could not be

collected by sale of the land unless the federal liens were excluded

and preserved as prior liens.

Concurring: Justices Sanford, Stone, Sutherland, Butler, Brandeis, Holmes,

Van Devanter, Chief Justice Taft.

Dissenting: Justice McReynolds.
2100 STATE ACTS HELD UNCONSTITUTIONAL

401. Brooke v. Norfolk, 277 U.S. 27 (1928).

State and city taxes authorized under laws of Virginia may not

be levied on the corpus of a trust located in Maryland, the income

from which accrued to a beneficiary resident in Virginia; the corpus

was beyond the jurisdiction of Virginia and accordingly the assessments were violative of due process.

402. Louisville Gas Co. v. Coleman, 277 U.S. 32 (1928).

Kentucky law which conditioned the recording of mortgages not

maturing within five years upon the payment of a tax of 20¢ for each

$100 of value secured, but which exempted mortgages maturing within that period was void as denying equal protection of the laws.

Concurring: Justices Sutherland, Butler, Van Devanter, McReynolds, Chief

Justice Taft.

Dissenting: Justices Holmes, Brandeis, Sanford, Stone.

403. Long v. Rockwood, 277 U.S. 142 (1928).

Massachusetts income tax law could not validly be imposed on income received by a citizen as royalties for the use of patents issued

by the United States.

Concurring: Justices McReynolds, Butler, Van Devanter, Sanford, Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis, Sutherland, Stone.

404. Standard Pipe Line v. Highway Dist., 277 U.S. 160 (1928).

Arkansas law which purported to validate assessments by the

district was ineffective to sustain an arbitrary assessment against the

pipe line at the rate of $5,000 per mile in view of the fact that the

pipe line originally was constructed in 1909–1915 at a cost under

$9,000 per mile, and the benefit, if any, which accrued to the pipe line

was small.

405. Panhandle Oil Co. v. Mississippi ex rel. Knox, 277 U.S. 218 (1928).

Mississippi law imposing tax on the sale of gasoline was void as

applied to sales to federal instrumentalities such as the Coast Guard

or a Veterans’ Hospital.

Concurring: Justices Butler, Sutherland, Van Devanter, Sanford, Chief Justice

Taft.

Dissenting: Justices Holmes, Brandeis, Stone, McReynolds.

406. Accord: Graysburg Oil Co. v. Texas, 278 U.S. 582 (1929), voiding application of Texas gasoline tax statute to gasoline sold to the United

States.

407. Ribnik v. McBride, 277 U.S. 350 (1928).

New Jersey law empowering Secretary of Labor to fix the fees

charged by employment agencies was violative of due process inas-
STATE ACTS HELD UNCONSTITUTIONAL 2101

much as the regulation was not imposed on a business affected with

a public interest.

Concurring: Justices Sutherland, Chief Justice Taft, Sanford, Butler,

McReynolds, Van Devanter.

Dissenting: Justices Stone, Holmes, Brandeis.

408. Quaker City Cab Co. v. Pennsylvania, 277 U.S. 389 (1928).

Pennsylvania law which taxed gross receipts of foreign and domestic corporations derived from intrastate operation of taxicabs, but

exempted like receipts derived by individuals and partnerships, denied equal protection of the laws.

Concurring: Justices Butler, Sutherland, Sanford, Van Devanter, McReynolds,

Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis, Stone.

409. Foster-Fountain Packing Co. v. Haydel, 278 U.S. 1 (1928).

Louisiana Shrimp Act which permitted shipment of shrimp taken

in Louisiana tidal waters only if the heads and hulls had previously

been removed, and which was designed to favor the canning in Louisiana of shrimp destined for the interstate market, was unconstitutional; those taking the shrimp immediately became entitled to ship

them in interstate commerce.

Concurring: Justices Butler, Sutherland, Sanford, Stone, Van Devanter,

Holmes, Brandeis, Chief Justice Taft.

Dissenting: Justice McReynolds.

410. Accord: Johnson v. Haydel, 278 U.S. 16 (1928), voiding the Louisiana

Oyster Act for like reasons.

411. Hunt v. United States, 278 U.S. 96 (1928).

Arizona game laws were not enforceable in a national game preserve and could not be invoked to prevent the killing of wild deer

therein as ordered by federal officers.

412. Louis K. Liggett Co. v. Baldridge, 278 U.S. 105 (1928).

Pennsylvania law which prohibited corporate ownership of a drug

store unless all of the stockholders were licensed pharmacists had no

reasonable relationship to public health and therefore was violative of

due process.

Concurring: Justices Sutherland, Butler, Van Devanter, Stone, Sanford,

McReynolds, Chief Justice Taft.

Dissenting: Justices Holmes, Brandeis.

413. Williams v. Standard Oil Co., 278 U.S. 235 (1929).

Tennessee law which fixed the prices at which gasoline may be

sold violated the due process clause inasmuch as the business sought

to be regulated was not affected with a public interest.
2102 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Justices Sutherland, Stone (separately), Sanford, McReynolds,

Butler, Brandeis (separately), Van Devanter, Chief Justice Taft.

Dissenting: Justice Holmes.

414. International Shoe Co. v. Pinkus, 278 U.S. 261 (1929).

Arkansas insolvency law was superseded by the Federal Bankruptcy Act to the extent that a creditor of one who invoked the state

laws was entitled to have his claim paid by the state receiver in conformity with the order of distribution sanctioned by the federal law.

Concurring: Justices Butler, Holmes, Stone, Sanford, Van Devanter, Chief

Justice Taft.

Dissenting: Justices McReynolds, Brandeis, Sutherland.

415. Cudahy Co. v. Hinkle, 278 U.S. 460 (1929).

Where the local property of a foreign corporation and the part of

its business transacted in the State, less than half of which was intrastate, were but small fractions of its entire property and its nationwide business, Washington law which imposed a tax on such company

in the form of a filing fee and a license tax, both reckoned upon its

authorized capital stock, was inoperative by reason of burdening

interstate commerce and reaching property beyond the State contrary

to due process.

Concurring: Justices McReynolds, Sutherland, Stone, Sanford, Butler, Van

Devanter, Chief Justice Taft.

Dissenting: Justices Brandeis, Holmes.

416. Frost v. Corporation Comm’n, 278 U.S. 515 (1929).

Oklahoma law which permitted an individual to engage in the

business of ginning cotton only upon a showing of public necessity,

but allowed a corporation to engage in said business in the same locality without such showing denied the individual equal protection of

the law.

Concurring: Justices Sutherland, Butler, Van Devanter, McReynolds, Sanford,

Chief Justice Taft.

Dissenting: Justices Brandeis, Holmes, Stone.

417. Manley v. Georgia, 279 U.S. 1 (1929).

Georgia banking law which declared every insolvency of a bank

shall be deemed to have been fraudulent, with provision for rebutting

said presumption, was arbitrary and unreasonable and violative of

due process.

418. Nielsen v. Johnson, 279 U.S. 47 (1929).

Iowa inheritance tax law discriminating against nonresident alien

heirs was violative of a treaty with Denmark.

419. Carson Petroleum Co. v. Vial, 279 U.S. 95 (1929).

Louisiana tax law could not be enforced against oil purchased at

interior points for export in foreign commerce for the oil did not lose
STATE ACTS HELD UNCONSTITUTIONAL 2103

its character as goods in foreign commerce merely because, after shipment to the exporter at a Louisiana port, the oil was temporarily

stored there preparatory to loading on vessels of foreign consignees.

Concurring: Chief Justice Taft, Justices Holmes, Brandeis, Stone, Sanford,

Van Devanter, Butler.

Dissenting: Justices McReynolds, Sutherland.

420. London Guarantee & Accident Co. v. Industrial Comm’n, 279 U.S. 109

(1929).

California workmen’s compensation act could not be applied in

settlement of a claim for the death of a seaman in a case that was

subject to the exclusive maritime jurisdiction of federal courts.

Concurring: Chief Justice Taft, Justices Holmes, Stone, Sanford, Sutherland,

McReynolds, Butler, Van Devanter.

Dissenting: Justice Brandeis.

421. Helson v. Kentucky, 279 U.S. 245 (1929).

Kentucky law imposing a tax on the sale of gasoline could not be

applied to gasoline purchased outside Kentucky for use in a ferry engaged as an instrumentality of interstate commerce, that is, in operation on the Ohio River between Kentucky and Illinois.

Concurring: Justices Sutherland, Butler, Van Devanter, Sanford, Stone (separately), Brandeis (separately), Holmes (separately), Chief Justice Taft.

Dissenting: Justice McReynolds.

422. Macallen Co. v. Massachusetts, 279 U.S. 620 (1929).

Massachusetts law imposing an excise on domestic business corporations was in reality a statute imposing a tax on income rather

than a tax on the corporate privilege and, as an income tax law, could

not be imposed on income derived from United States bonds nor, by

reason of impairment of the obligation of contract on income from

local county and municipal bonds exempt by statutory contract.

Concurring: Justices Sutherland, Sanford, Butler, Van Devanter, McReynolds,

Chief Justice Taft.

Dissenting: Justices Stone, Holmes, Brandeis.

423. Western & Atlantic R.R. v. Henderson, 279 U.S. 639 (1929).

Georgia law which viewed a fatal collision between railroad and

motor car at grade crossing as raising a presumption of negligence on

the part of the railroad and as the proximate cause of death and

which permitted the jury to weigh the presumption as evidence

against the testimony of the railroad’s witnesses tending to prove due

care was unreasonable and violative of due process.

424. Safe Deposit & Trust Co. v. Virginia, 280 U.S. 83 (1929).

Virginia law which levied a property tax on corpus of a trust consisting of securities managed by a Maryland trustee which paid over
2104 STATE ACTS HELD UNCONSTITUTIONAL

to children of settlor, all of whom resided in Virginia, the income

therefrom, was violative of due process in that it taxed intangibles

with a taxable situs in Maryland, where the trustee and owner of the

legal title was located.

Concurring: Justices McReynolds, Van Devanter, Butler, Sutherland, Sanford,

Stone (separately), Brandeis (separately), Holmes (separately), Chief Justice

Taft.

425. Farmers Loan Co. v. Minnesota, 280 U.S. 204 (1930).

Minnesota inheritance tax law, insofar as it was applied to Minnesota securities kept in New York by the decedent who died domiciled in New York was violative of due process.

Concurring: Justices McReynolds, Van Devanter, Butler, Sutherland, Sanford,

Stone (separately), Chief Justice Taft.

426. New Jersey Tel. Co. v. Tax Board, 280 U.S. 338 (1930).

New Jersey franchise tax law, levied at the rate of 5% of gross

receipts of a telephone company engaged in interstate and foreign

commerce, was a direct tax on foreign and interstate commerce and

void.

Concurring: Justices Butler, Sutherland, Sanford, Van Devanter, McReynolds.

Dissenting: Justices Holmes, Brandeis.

427. Carpenter v. Shaw, 280 U.S. 363 (1930).

Oklahoma law which imposed a 3% tax on the gross value of royalties from oil and gas was void as a tax on the right reserved to Indians as owners and lessors of the fee when applied to Indians who had

received allotments exempted under the Atoka agreement and leased

by them for production of oil and gas (Art. VI).

428. Moore v. Mitchell, 281 U.S. 18 (1930).

Indiana was powerless to give any force or effect beyond her borders to its law of 1927 purporting to authorize a county treasurer to

institute suits for unpaid taxes owed by a nonresident; such officer

derived no authority in New York from this Indiana law and hence

had no legal capacity to institute the suit in a federal court in the latter State.

429. Lindgren v. United States, 281 U.S. 38 (1930).

The right of action given under the Federal Merchant Marine Act

to the personal representative to recover damages on behalf of beneficiaries for the death of a seaman resulting from negligence was exclusive and precluded a right of recovery by reason of

unseaworthiness predicated upon the death statute of Virginia where

the injury was sustained.
STATE ACTS HELD UNCONSTITUTIONAL 2105

430. Baizley Iron Works v. Span, 281 U.S. 222 (1930).

Pennsylvania Workmen’s Compensation Act could not be invoked

to obtain recovery for injuries sustained by a workman while painting

angle irons in the engine room of a ship tied to a pier in navigable

waters; recovery was controlled exclusively by federal maritime law.

Concurring: Justices McReynolds, Sutherland, Butler, Van Devanter.

Dissenting: Justices Stone, Holmes, Brandeis.

431. Accord: Employers’ Liability Assurance Co. v. Cook, 281 U.S. 233

(1930).

Texas workman’s compensation law inapplicable for the same

reason.

Justices Concurring: McReynolds, Butler, Sutherland, Van Devanter, Stone

(separately), Holmes (separately), Brandeis (separately).

432. Missouri ex rel. Missouri Ins. Co. v. Gehner, 281 U.S. 313 (1930).

Missouri law which provided that, in taxing assets of insurance

companies, the amounts of their legal reserves and unpaid policy

claims should first be deducted was invalid as applied to a company

owning nontaxable United States bonds insofar as the law was construed to require that the deduction should be reduced by the proportion that the value which such bonds bore to total assets; the company thus was saddled with a heavier tax burden than would have

been imposed had it not owned such bonds.

Concurring: Justices Butler, Van Devanter, McReynolds, Sutherland, Chief

Justice Hughes (separately).

Dissenting: Justices Stone, Holmes, Brandeis.

433. Home Ins. Co. v. Dick, 281 U.S. 397 (1930).

Texas law, which forbade insurance stipulations limiting the time

for suit on a claim for a period less than two years, could not constitutionally be applied, consistently with due process, to permit recovery

contrary to the terms of a fire insurance policy executed in Mexico by

a Mexican insurer and covered in part by reinsurance effected in

Mexico and New York by New York insurers licensed to do business

in Texas who defended against a Texas claimant to whom the policy

was assigned while he was a resident of Mexico and where he resided

when the loss was sustained.

434. Baldwin v. Missouri, 281 U.S. 586 (1930).

Missouri not having jurisdiction for tax purposes of various intangibles, such as bank accounts and federal securities held in banks

therein and owned by a decedent domiciled in Illinois, its transfer tax

law could not be applied, consistently with due process, to the transfer thereof, under a will probated in Illinois, to the decedent’s son who

also was domiciled in Illinois.
2106 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Justices McReynolds, Van Devanter, Sutherland, Butler.

Dissenting: Justices Holmes, Brandeis, Stone (separately).

435. Surplus Trading Co. v. Cook, 281 U.S. 647 (1930).

Arkansas personal property tax laws could not be enforced

against the purchaser of army blankets situate within an army cantonment in that State, as to which exclusive federal jurisdiction attached under Art. I, § 8, cl. 17.

436. Beidler v. South Carolina Tax Comm’n, 282 U.S. 1 (1930).

South Carolina inheritance tax law could not be applied, consistently with due process, to affect the transfer by will of shares in a

South Carolina corporation and debts owed by the latter belonging to

a decedent who died domiciled in Illinois; such intangibles were not

shown to have acquired any taxable business situs in South Carolina.

Concurring: Chief Justice Hughes, Justices Holmes (separately), Brandeis

(separately), Van Devanter, McReynolds, Sutherland, Butler, Stone, Roberts.

437. Chicago, St. P., M.&P. Ry. v. Holmberg, 282 U.S. 162 (1930).

Nebraska law, as construed, which required a railroad to provide

an underground cattle-pass across its right of way partly at its own

expense for the purpose, not of advancing safety, but merely for the

convenience of a farmer owning land on both sides of the railroad, deprived the latter of property without due process.

438. Furst v. Brewster, 282 U.S. 493 (1931).

Arkansas law which withheld from a foreign corporation the right

to sue in state courts unless it had filed a copy of its charter and a

financial statement and had designated a local office and an agent to

accept service of process could not constitutionally be enforced to prevent suit by a non-complying foreign corporation to collect a debt

which arose out of an interstate transaction for the sale of goods.

439. Coolidge v. Long, 282 U.S. 582 (1931).

Massachusetts law which imposed succession taxes on all property within Massachusetts transferred by deed or gift intended to

take effect in possession or enjoyment after the death of the grantor,

or transferred to any person absolutely or in trust, could not, consistently with due process and the contract clause, be enforced with reference to rights of succession or rights effected by gift which vested

under trust agreements created prior to passage of said act, notwithstanding that the settlor died after its passage.

Concurring: Justices Butler, Van Devanter, McReynolds, Sutherland, Chief

Justice Hughes.

Dissenting: Justices Roberts, Holmes, Brandeis, Stone.
STATE ACTS HELD UNCONSTITUTIONAL 2107

440. Hans Rees’ Sons v. North Carolina ex rel. Maxwell, 283 U.S. 123 (1931).

North Carolina income tax law, as applied to income of New York

corporation which manufactured leather goods in North Carolina for

sale in New York, was violative of due process by reason of the fact

that the formula for allocating income to that State, namely, that part

of the corporation’s net income which bears the same ratio to entire

net income as the value of its tangible property in North Carolina

bears to the value of all its tangible property, attributed to North

Carolina a portion of total income which was out of all appropriate

proportion to the business of the corporation conducted in North

Carolina.

441. Interstate Transit, Inc. v. Lindsey, 283 U.S. 183 (1931).

Tennessee law which imposed a privilege tax graduated to carrying capacity on motor buses, the proceeds from which were not segregated for application to highway maintenance, was void insofar as

the privilege tax was imposed on a bus carrier engaged exclusively in

interstate commerce.

Concurring: Justices Brandeis, Van Devanter, Butler, Sutherland, Roberts,

Stone, Holmes, Chief Justice Hughes.

Dissenting: Justice McReynolds.

442. Stromberg v. California, 283 U.S. 359 (1931).

California law which prohibited the display of a red flag in a public or meeting place as a symbol of opposition to organized government or as a stimulus to anarchistic action or as an aid to seditious

propaganda was so vague and indefinite as to permit punishment of

the fair use of opportunity for free political discussion and therefore,

as enforced, effected a denial of liberty without due process.

Concurring: Chief Justice Hughes, Justices Holmes, Stone, Brandeis, Roberts,

Van Devanter, Sutherland.

Dissenting: Justices Butler, McReynolds.

443. Smith v. Cahoon, 283 U.S. 553 (1931).

Florida law which required motor carriers to furnish bond or an

insurance policy for the protection of the public against injuries but

which exempted vehicles used exclusively in delivering dairy products

and carriers engaged exclusively in transporting fish, agricultural,

and dairy products between production to shipping points en route to

primary market denied the equal protection of the laws; and insofar

as it subjected carriers for hire to the same requirements as to procurement of a certificate of convenience and necessity and rate regulation as were exacted of common carriers the law was violative of due

process.
2108 STATE ACTS HELD UNCONSTITUTIONAL

444. Near v. Minnesota ex rel. Olson, 283 U.S. 697 (1931).

Minnesota law which authorized the enjoinder of one engaged

regularly in the business of publishing a malicious, scandalous, and

defamatory newspaper or magazine, as applied to publications charging neglect of duty and corruption on the part of state law enforcement officers, effected an unconstitutional infringement of freedom of

the press as safeguarded by the due process clause of the Fourteenth

Amendment.

Concurring: Chief Justice Hughes, Justices Brandeis, Holmes, Stone, Roberts.

Dissenting: Justices Butler, Van Devanter, McReynolds, Sutherland.

445. Santovincenzo v. Egan, 284 U.S. 30 (1931).

New York law pertaining to the descent of property of an alien

decedent was inoperative as to the property of an alien by reason of

the conflicting provisions of a treaty negotiated with the nation to

which the decedent owed allegiance.

446. State Tax Comm’n v. Interstate Natural Gas Co., 284 U.S. 41 (1931).

Mississippi privilege tax could not be enforced as to an interstate

pipe line company which sold gas wholesale to local, independent distributors from a supply which passed into and through the State in

interstate commerce; fact that pipe line company, in order to make

delivery, used a thermometer and reduced pressure, did not convert

the sale into an intrastate transaction.

447. Hoeper v. Tax Commission, 284 U.S. 206 (1931).

Wisconsin income tax law which authorized an assessment

against a husband of a tax computed on the combined total of his and

his wife’s incomes, augmented by surtaxes resulting from the combination, notwithstanding that under the laws of Wisconsin the husband had no interest in, or control over, the property or income of his

wife, was violative of the due process and equal protection clauses of

the Fourteenth Amendment.

Concurring: Justices Roberts, Butler, Van Devanter, McReynolds, Sutherland,

Chief Justice Hughes.

Dissenting: Justices Holmes, Brandeis, Stone.

448. Van Huffel v. Harkelrode, 284 U.S. 225 (1931).

Federal bankruptcy courts are empowered to sell the real estate

of bankrupts free from liens for state taxes; lien laws of Ohio stipulating that the liens were to attach to the property were ineffective to

prevent the federal court from transferring the liens from the property to the proceeds of the sale.

449. First Nat’l Bank v. Maine, 284 U.S. 312 (1932).

Maine transfer tax law could not be applied, consistently with

due process, to the inheritance of shares in a Maine corporation pass-
STATE ACTS HELD UNCONSTITUTIONAL 2109

ing under the will of a Massachusetts testator who died a resident of

Massachusetts and owning the shares.

Concurring: Justices Sutherland, Butler, Van Devanter, Roberts, McReynolds,

Chief Justice Hughes.

Dissenting: Justices Stone, Holmes, Brandeis.

450. Henkel v. Chicago, St. P., M. & O. Ry., 284 U.S. 444 (1932).

Minnesota statute fixing amounts to be paid as compensation or

in fees to expert witnesses could not be applied to determine costs in

a federal court proceeding inasmuch as the statute was superseded by

a federal enactment determining the fees to be paid witnesses.

451. New State Ice Co. v. Liebmann, 285 U.S. 262 (1932).

Oklahoma law which prohibited anyone from engaging in the

manufacture, sale, or distribution of ice without a state license, to be

issued only on proof of public necessity and capacity to meet public

demand, effected an invalid regulation of a business not affected with

a public interest and a denial of liberty to pursue a lawful calling contrary to the due process clause of the Fourteenth Amendment.

Concurring: Justices Sutherland, Van Devanter, McReynolds, Butler, Roberts,

Chief Justice Hughes.

Dissenting: Justices Brandeis, Stone.

452. Coombes v. Getz, 285 U.S. 434 (1932).

Repeal of California constitutional provision making directors of

corporations liable to creditors for all moneys misappropriated or embezzled impaired the obligation of contract as to creditors who dealt

with corporations during the period when such constitutional provision was in force, and inclusion in the state constitution of another

provision whereunder the State reserved the power to alter or repeal

all existing or future laws concerning corporations could not be invoked to destroy vested rights contrary to due process.

Justices Concurring: Sutherland, Roberts, Butler, McReynolds, Van Devanter,

Chief Justice Hughes.

Dissenting: Justices Cardozo, Brandeis, Stone.

453. Nixon v. Condon, 286 U.S. 73 (1932).

Texas White Primary Law which empowered the state executive

committee of a political party to prescribe the qualifications of members of the party and thereby to exclude Negroes from voting in primaries conducted by the party amounted to state action violative of

the equal protection clause of the Fourteenth Amendment.

Concurring: Justices Cardozo, Brandeis, Stone, Roberts, Chief Justice Hughes.

Dissenting: Justices McReynolds, Van Devanter, Butler, Sutherland.

454. Champlin Rfg. Co. v. Corporation Comm’n, 286 U.S. 210 (1932).

Section of Oklahoma law which provided that any person violating the statute shall be subject to have his oil producing property
2110 STATE ACTS HELD UNCONSTITUTIONAL

placed in the hands of a receiver by a court at the instance of a suit

filed by the state Attorney General but which restricted such receivership to the operation of producing wells and the marketing of the production thereof in conformity with this law was a penal provision and

as such was void under the due process clause for the reason that it

punished violations of regulatory provisions of the statute that were

too vague to afford a standard of conduct.

455. Anglo-Chilean Corp. v. Alabama, 288 U.S. 218 (1933).

Alabama law which subjected foreign corporations to an annual

franchise tax for the doing of business, levied at the rate of $2 for

each $1,000 of capital employed in the State, violated both Art. I, § 10,

cl. 2, prohibiting state import duties and the commerce clause when

enforced against a foreign corporation, whose sole business in Alabama consisted of the landing, storing, and the selling in original

packages of goods imported from abroad.

Concurring: Justices Butler, McReynolds, Van Devanter, Roberts, Sutherland,

Chief Justice Hughes.

Dissenting: Justices Cardozo, Brandeis, Stone.

456. Louis K. Liggett Co. v. Lee, 288 U.S. 517 (1933).

Florida Chain Store Tax Law which levied a heavier privilege tax

per store on the owner whose stores were in different counties than

on the owner whose stores were all in the same county effected an

arbitrary discrimination amounting to a denial of equal protection of

the laws.

Concurring: Justices Roberts, McReynolds, Sutherland, Butler, Van Devanter,

Chief Justice Hughes.

Dissenting: Justices Brandeis, Cardozo, Stone.

457. Consolidated Textile Co. v. Gregory, 289 U.S. 85 (1933).

Wisconsin law, insofar as it authorized service of process on a foreign corporation which sold goods in Wisconsin through a controlled

subsidiary and hence was not carrying on any business in the State

at the time of the attempted service was violative of due process, notwithstanding that the summons was served on an officer of the corporation temporarily in Wisconsin for the purpose of negotiating a

controversy with a local attorney.

458. Johnson Oil Co. v. Oklahoma ex rel. Mitchell, 290 U.S. 158 (1933).

Oklahoma property tax law, consistently with due process, could

not validly be enforced against the entire fleet of tank cars of an Illinois corporation which were used in transporting oil from its refinery

in Oklahama to other States; instead, the State may base its tax on

the number of cars which on the average were physically present

within its boundaries.
STATE ACTS HELD UNCONSTITUTIONAL 2111

459. Southern Ry. v. Virginia, 290 U.S. 190 (1933).

Virginia law which authorized an administrative officer to require

railroads to eliminate grade crossing whenever, in his opinion, such

alterations were necessary to promote public safety and convenience

and afforded the railroads no notice or hearing on the existence of

such necessity and no means of reviewing the officer’s decision was

violative of due process.

Concurring: Justices McReynolds, Roberts, Butler, Van Devanter, Sutherland,

Brandeis.

Dissenting: Chief Justice Hughes, Justices Stone, Cardozo.

460. Morrison v. California, 291 U.S. 82 (1934).

Section of California Alien Land Law which stipulated that when

the State, in a prosecution for violation thereof, proved use or occupancy by an alien lessee, alleged in the indictment to be an alien ineligible for naturalization, the onus of proving citizenship shall devolve upon the defense, was arbitrary and violative of due process as

applied to the lessee for the reason that a lease of land conveys no

hint of criminality and there is no practical necessity for relieving the

prosecution of the obligation of proving Japanese race.

461. Standard Oil Co. v. California, 291 U.S. 242 (1934).

California law which levied a license upon every distributor for

each gallon of motor vehicle fuel sold and delivered by him in the

State could not constitutionally be applied to the sale and delivery of

gasoline to a military reservation as to which the United States had

acquired exclusive jurisdiction.

462. Murray v. Gerrick & Co., 291 U.S. 315 (1934).

Washington Workman’s Compensation Act, adopted after the

United States had acquired exclusive jurisdiction over a tract which

became Puget Sound Navy Yard, could not be invoked by the widow

and child of a worker fatally injured while working for a contractor

in said Yard for the reason that Congress by law had consented only

to the institution of suits by a personal representative under the

Washington Wrongful Death Statute.

463. Hartford Accident & Ins. Co. v. Delta Pine Land Co., 292 U.S. 143

(1934).

As judicially applied, Mississippi statutes which deemed all contracts of insurance and surety covering its citizens to have been made

therein and which were enforced to facilitate recovery under an indemnity contract, consummated in Tennessee in conformity with the

law of the latter where the insured, a Mississippi corporation, also

conducted its business, and to nullify as contrary to Mississippi law

nonobservance of a contractual stipulation as to the time for filing
2112 STATE ACTS HELD UNCONSTITUTIONAL

claims, were violative of due process in that the Mississippi laws were

accorded effect beyond the territorial limits of Mississippi.

464. McKnett v. St. Louis & S. F. Ry., 292 U.S. 230 (1934).

Alabama law, as judicially construed, which precluded Alabama

courts from entertaining actions against foreign corporations arising

in other States under federal law, while permitting entertainment of

like actions arising in other States under state law, was violative of

the Constitution.

465. W. B. Worthen Co. v. Thomas, 292 U.S. 426 (1934).

Arkansas law which exempted life insurance proceeds from judicial process, when applied to prevent recovery by a creditor of the insured who had garnished the insurer prior to passage of the law, impaired the obligation of contract.

Concurring: Chief Justice Hughes, Justices Cardozo, Brandeis, Roberts, Stone,

Sutherland (separately), Van Devanter (separately), McReynolds (separately), Butler (separately).

466. Concordia Ins. Co. v. Illinois, 292 U.S. 535 (1934).

Illinois tax laws were discriminatory and violative of the equal

protection clause for the reason that they (1) subjected foreign insurance companies selling fire, marine, inland marine, and casualty insurance to two property taxes, one on tangible property and a second,

on net receipts, including net receipts from their casualty business,

while subjecting competing foreign insurance companies selling only

casualty insurance to the single tax on tangible property; and (2) insofar as the net receipts were assessed at full value while other personal property in general was assessed at only 60% of value.

Concurring: Justices Van Devanter, Sutherland, Butler, McReynolds, Roberts.

Dissenting: Justices Cardozo, Brandeis, Stone.

467. Jennings v. United States Fidelity & Guaranty Co., 294 U.S. 216

(1935).

Section of Indiana Bank Collection Code which purported to

make the owners of paper which a bank had collected, but which it

had not satisfied, preferred claimants in the event of the bank’s failure, irrespective of whether the funds representing such paper could

be traced or identified as part of the bank’s assets or intermingled

with or converted into other assets of the bank was inoperative as to

a national bank by reason of conflict with applicable federal law.

468. Accord: Old Company’s Lehigh v. Meeker, 294 U.S. 227 (1935), embracing a comparable New York statutory provision.

469. Cooney v. Mountain States Tel. Co., 294 U.S. 384 (1935).

Montana laws which imposed an occupation tax on every telephone company providing service in the State imposed an invalid bur-
STATE ACTS HELD UNCONSTITUTIONAL 2113

den on interstate commerce when applied to a company which used

the same facilities to furnish both interstate as well as intrastate

services.

470. Baldwin v. G.A.F. Seelig, 294 U.S. 511 (1935).

New York Milk Control Act, insofar as it prohibited the sale of

milk imported from another State unless the price paid to the producer in the other State equalled the minimum prescribed for purchases from local producers, imposed an invalid burden on interstate

commerce irrespective of resale of such milk in the original or other

containers.

471. Stewart Dry Goods Co. v. Lewis, 294 U.S. 550 (1935).

Kentucky law which taxed the sales of retailers at the rate of 1/

20 of 1% on the first $400,000 of gross sales, and which imposed increasing rates on each additional $100,000 of gross sales up to

$1,000,000, with a maximum rate of 1% on sales over $1,000,000, was

arbitrary and violative of the equal protection clause for the reason

that there existed no reasonable relation between the amount of the

tax and the value of the privilege of merchandising or between gross

sales, the measure of the tax, and net profits.

Concurring: Justices Roberts, Sutherland, Van Devanter, Butler, McReynolds,

Chief Justice Hughes.

Dissenting: Justices Cardozo, Brandeis, Stone.

472. Accord: Valentine v. A. & P. Tea Co., 299 U.S. 32 (1936), voiding a similar Iowa Chain Store Tax Act.

Concurring: Justices Roberts, Sutherland, Butler, McReynolds, Van Devanter,

Chief Justice Hughes.

Dissenting: Justices Brandeis, Cardozo.

473. Panhandle Co. v. Highway Comm’n, 294 U.S. 613 (1935).

Kansas law which, as judicially construed, empowered the state

highway commission to order a pipe line company, at its own expense,

to relocate its pipe and telephone lines, then located on a private

right of way, in order to conform to plans adopted for new highways

across the right of way, deprived the company of property without due

process of law.

Concurring: Justices McReynolds, Butler, Van Devanter, Sutherland, Brandeis, Roberts, Stone (separately), Cardozo (separately), Chief Justice

Hughes.

474. Broderick v. Rosner, 294 U.S. 629 (1935).

New Jersey law, which prohibited institution of suits in New Jersey courts to enforce a stockholder’s statutory personal liability arising under the laws of another State and which was invoked to bar

a suit by the New York Superintendent of Banks to recover assess-
2114 STATE ACTS HELD UNCONSTITUTIONAL

ments levied on New Jersey residents holding stock in a New York

bank, was ineffective to prevent New Jersey courts from entertaining

said action consistently with the full faith and credit clause.

Concurring: Justices Brandeis, Sutherland, Butler, Van Devanter, Stone, Roberts, McReynolds, Chief Justice Hughes.

Dissenting: Justice Cardozo.

475. Worthen Co. v. Kavanaugh, 295 U.S. 56 (1935).

Arkansas law which reduced the remedies available to mortgagees in the event of a default on mortgage bonds issued by an improvement district, with the result that they were deprived of effective means of recovery for 6 1/2 years, impaired the obligation of contract.

476. Georgia Ry. & Elec. Co. v. Decatur, 295 U.S. 165 (1935).

Insofar as a Georgia law, which authorized a municipality to effect certain street improvements and to assess railways having tracks

on such streets with the cost of such improvement, supported a presumption that a benefit accrued to the railway from said improvements which could not be rebutted by contrary proof offered in a court

of law, the effect of the statute was to deny the railway a hearing essential to due process of law.

Concurring: Justices Sutherland, Butler, Van Devanter, McReynolds, Roberts,

Chief Justice Hughes.

Dissenting: Justices Stone, Brandeis, Cardozo.

477. Senior v. Braden, 295 U.S. 422 (1935).

Insofar as trust certificates held by a resident represented interests in various parcels of land located in, and outside of, Ohio, which

afforded the holder no voice in the management of such property but

only a right to share in the net income therefrom and in the proceeds

from the sale thereof, such interests could be taxed only by a uniform

rule according to value, and Ohio law which levied an intangible property tax thereon measured by income was violative of the equal protection and due process clauses.

Justices Concurring: McReynolds, Butler, Van Devanter, Sutherland, Roberts,

Chief Justice Hughes

Justices Dissenting: Stone, Brandeis, Cardozo.

478. Schuylkill Trust Co. v. Pennsylvania, 296 U.S. 113 (1935).

Pennsylvania law which levied a tax on trust companies was in

conflict with provisions of federal law proscribing discriminatory taxation of national bank shares by virtue of deductions allowed trust

company for amounts represented by shares owned in Pennsylvania

corporations already taxed or exempted, without any corresponding

deduction on account of nontaxable federal securities owned or on account of national bank shares already taxed.
STATE ACTS HELD UNCONSTITUTIONAL 2115

Justices Concurring: Roberts, Chief Justice Hughes, Van Devanter, Butler,

McReynolds, Sutherland.

Justices Dissenting: Cardozo, Brandeis, Stone.

479. Colgate v. Harvey, 296 U.S. 404 (1935).

Vermont law which levied a 4% tax on income derived from loans

made outside the State but which exempted entirely like income derived from money loaned within Vermont at interest not exceeding 5%

per year embodied an arbitrary discrimination and abridged the privileges and immunities of United States citizens contrary to the Fourteenth Amendment.

Justices Concurring: Sutherland, Van Devanter, Butler, McReynolds, Roberts,

Chief Justice Hughes

Justices Dissenting: Stone, Brandeis, Cardozo.

480. Oklahoma v. Barnsdall Corp., 296 U.S. 521 (1936).

Oklahoma law which levied a tax on the gross production of oil,

as applied to oil produced by lessees of lands of Indian tribes, was in

conflict with federal law consenting to levy of a different tax and

hence inoperative as a tax on a federal instrumentality.

481. Treigle v. Acme Homestead Ass’n, 297 U.S. 189 (1936).

Louisiana law which abolished prior requirement that building

and loan associations, when income was insufficient to pay all demands of withdrawing stockholders within 60 days, to set apart 50%

of receipts to pay such withdrawals and provided, instead, that the

directors be vested with sole discretion as to the amount to be allocated for such withdrawals, impaired the obligation of contract as to

a stockholder who, prior to such amending statute, gave notice of

withdrawal and whose demand had not been paid.

482. Grosjean v. American Press Co., 297 U.S. 233 (1936).

Louisiana law which imposed a tax on the gross receipts derived

from the sale of advertisements by newspapers enjoying a circulation

of more than 20,000 copies per week unconstitutionally restricted

freedom of the press contrary to the due process clause of the Fourteenth Amendment.

483. Accord: Arizona Publishing Co. v. O’Neil, 304 U.S. 543 (1938).

484. Mayflower Farms v. Ten Eyck, 297 U.S. 266 (1936).

New York Milk Control Act which permitted milk dealers without

well advertised trade names, who were in business before April 10,

1933, to sell milk in New York City at a price one cent below the minimum binding on competitors with well advertised trade names subjected dealers without well advertised names who established their

business after that date to a denial of equal protection of the law.
2116 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Roberts, Chief Justice Hughes, Van Devanter, Sutherland, Butler, McReynolds.

Justices Dissenting: Cardozo, Brandeis, Stone.

485. Bingaman v. Golden Eagle Lines, 297 U.S. 626 (1936).

New Mexico law which imposed an excise tax on the sale and use

of gasoline and motor fuel and collected a license tax of $25 from

users who import for use in New Mexico gasoline purchased in another State could not validly be imposed on a motor vehicle carrier

engaged exclusively in interstate commerce which imported out-ofstate gasoline for use in New Mexico; for the tax was levied, not as

compensation for the use of that State’s highways, but on the use of

an instrumentality of interstate commerce.

486. Fisher’s Blend Station v. State Tax Comm’n, 297 U.S. 650 (1936).

Washington law which levied an occupation tax measured by

gross receipts of radio broadcasting stations within that State whose

programs were received by listeners in other States imposed an unconstitutional burden on interstate commerce.

487. International Steel & I. Co. v. National Surety Co., 297 U.S. 657 (1936).

Tennessee law relative to settlement of public construction contracts which retroactively released the surety on a bond given by a

contractor as required by prior law for the security of claims of

materialmen and substituted therefor, without the latter’s consent,

the obligation of another bond impaired the obligation of contract.

488. Graves v. Texas Company, 298 U.S. 393 (1936).

Alabama law which imposed an excise tax on the sale of gasoline

could not be enforced as to sales of gasoline to the United States.

Justices Concurring: Butler, Sutherland, Van Devanter, Roberts, Chief Justice

Hughes, McReynolds.

Justices Dissenting: Cardozo, Brandeis.

489. Morehead v. New York ex rel. Tipaldo, 298 U.S. 587 (1936).

New York law which required employers to pay women minimum

wages that would be not only equal to the fair and reasonable value

of the services rendered but also sufficient to meet the minimum cost

of living necessary for health deprived employers and employees of

their freedom of contract without due process of law.

Justices Concurring: Butler, Van Devanter, McReynolds, Sutherland, Roberts.

Justices Dissenting: Chief Justice Hughes, Brandeis, Stone, Cardozo.

490. Binney v. Long, 299 U.S. 280 (1936).

Massachusetts succession tax law whereunder succession to property through failure of an intestate to exercise a power of appointment under a non-testamentary conveyance of the property by deed

or trust made after September 1, 1907, was not taxed, whereas if the
STATE ACTS HELD UNCONSTITUTIONAL 2117

conveyance was made before that date, the succession was not only

taxable but the rate might be substantially increased by aggregating

the value of that succession with other interests derived by the transferee by inheritance from the donee of the power, was discriminatory

and violative of the equal protection clause of the Fourteenth Amendment.

Justices Concurring: Roberts, Chief Justice Hughes, Van Devanter, Butler,

Sutherland, McReynolds.

Justices Dissenting: Cardozo, Brandeis.

491. De Jonge v. Oregon, 299 U.S. 353 (1937).

Oregon Criminal Syndicalism Law, invoked to punish participation in the conduct of a public meeting devoted to a lawful purpose

merely because the meeting had been held under the auspices of an

organization which taught or advocated the forcible overthrow of government but which did not engage in such advocacy during the meeting, was violative of freedom of assembly and freedom of speech guaranteed by the due process clause of the Fourteenth Amendment.

492. New York ex rel. Rogers v. Graves, 299 U.S. 401 (1937).

New York income tax law could not be extended to salaries of employees of the Panama Railroad Company by reason of the fact that

the latter together with its employees was a federal instrumentality

(Art. VI).

493. Lawrence v. Shaw, 300 U.S. 345 (1937).

North Carolina property tax law could not be enforced so as to

levy a tax on bank deposits made by petitioner as guardian of an incompetent veteran of World War I; by the terms of applicable federal

law bank deposits which resulted from the receipt of federal veterans

benefits payments were exempted from local taxation.

494. Ingels v. Morf, 300 U.S. 290 (1937).

California Caravan Act which imposed a $15 fee on each motor

vehicle transported from another State into California for the purposes of sale therein imposed an unconstitutional burden on interstate commerce inasmuch as the proceeds from such fees were used,

not to meet the cost of highway construction or maintenance, but to

reimburse the State for the added expense of policing caravaning traffic and for such purposes the fee was excessive.

495. Herndon v. Lowry, 301 U.S. 242 (1937).

Georgia insurrection statute which punished as a crime the acts

of soliciting members for a political party and conducting meetings of

a local unit of that party, where one of the doctrines of the party, established by reference to a document not shown to have been exhibited by any one, may be said to embrace ultimate resort in the indefi-
2118 STATE ACTS HELD UNCONSTITUTIONAL

nite future to violence against government invaded freedom of speech

as guaranteed by the due process clause of the Fourteenth Amendment.

Justices Concurring: Roberts, Brandeis, Stone, Chief Justice Hughes, Cardozo.

Justices Dissenting: Van Devanter, McReynolds, Butler, Sutherland.

496. Lindsey v. Washington, 301 U.S. 397 (1937).

Washington statute which increased the severity of a penalty for

a specific offense by mandating a sentence of 15 years and thereby

removing the discretion of the judge to sentence for less than the

maximum of 15 years, when applied retroactively to a crime committed before its enactment, was invalid as an ex post facto law.

497. Hartford Ins. Co. v. Harrison, 301 U.S. 459 (1937).

Georgia law which prohibited stock insurance companies writing

fire and casualty insurance from acting through agents who were

their salaried employees, but which permitted mutual companies

writing such insurance to do so, violated the equal protection clause

of the Fourteenth Amendment.

Justices Concurring: McReynolds, Sutherland, Van Devanter, Butler, Chief

Justice Hughes

Justices Dissenting: Roberts, Brandeis, Stone, Cardozo.

498. Puget Sound Co. v. Tax Commission, 302 U.S. 90 (1937).

Washington gross receipts tax law could not validly be enforced

as to receipts accruing to a stevedoring corporation acting as an independent contractor in loading and unloading cargoes of vessels engaged in interstate or foreign commerce by longshoremen subject to

its own direction and control; such business was a form of interstate

and foreign commerce.

499. James v. Dravo Contracting Co., 302 U.S. 134 (1937).

West Virginia gross receipts tax law could not validly be enforced

to sustain levy on that part of gross receipts of a federal contractor

working on a federal installation in West Virginia which was derived

from the fabrication of equipment at its Pennsylvania plant for which

the contractor received payment prior to installation of such equipment on the West Virginia site owned by the Federal Government; for

such compensable activities were completed beyond the jurisdiction of

West Virginia.

500. Connecticut General Life Ins. Co. v. Johnson, 303 U.S. 77 (1938).

California law which levied a privilege tax on admitted foreign insurers, measured by gross premiums received, was violative of due

process insofar as it affected premiums received in Connecticut on

contracts of reinsurance consummated in the latter State and covering policies of life insurance issued by other insurers to residents of
STATE ACTS HELD UNCONSTITUTIONAL 2119

California; California was without power to tax activities conducted

beyond its borders.

Justices Concurring: Stone, Chief Justice Hughes, McReynolds, Brandeis, Butler, Roberts.

Justice Dissenting: Black.

501. Indiana ex rel. Anderson v. Brand, 303 U.S. 95 (1938).

Indiana law of 1933 which repealed tenure rights of certain

teachers accorded under a Tenure Act of 1927 impaired the obligation

of contract.

Justices Concurring: Roberts, Chief Justice Hughes, McReynolds, Brandeis,

Butler, Stone.

Justice Dissenting: Black.

Accord: Indiana ex rel. Valentine v. Marker, 303 U.S. 628 (1938).

502. Adams Mfg. Co. v. Storen, 304 U.S. 307 (1938).

Indiana gross receipts tax law could not constitutionally be applied to gross receipts derived by an Indiana corporation from sales

in other States of goods manufactured in Indiana; as thus applied the

law burdened interstate commerce.

Justices Concurring: Roberts, Chief Justice Hughes, Brandeis, Butler, Stone,

Reed.

Justices Dissenting: Black (in part), McReynolds (in part).

Freeman v. Hewit, 329 U.S. 239 (1946).

The tax imposes an unconstitutional burden on interstate commerce when applied to the receipt by one domiciled in the State of

the proceeds of a sale of securities sent out of the State to be sold.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Rutledge, Burton.

Justices Dissenting: Black, Douglas, Murphy.

Indiana Dep’t of Revenue v. Nebeker, 348 U.S. 933 (1955).

This gross receipts tax law also could not be levied on receipts

from the purchase and sale on margin of securities by resident owners

through a nonresident broker engaged in interstate commerce.

Justices Concurring: Warren, C.J., Reed, Frankfurter, Burton, Clark, Minton.

Justices Dissenting: Black, Douglas.

503. Collins v. Yosemite Park Co., 304 U.S. 518 (1938).

California Alcoholic Beverages Control Act, as to its regulatory

provisions which embraced a fee for a license to import alcoholic beverages and control over importation of such beverages, could not be

enforced, consistently with the Twenty-first Amendment, against a retail dealer doing business in a National Park as to which California

retained no jurisdiction.
2120 STATE ACTS HELD UNCONSTITUTIONAL

504. Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938).

A Missouri statute which accorded Negro residents financial aid

to enable them to obtain instruction at out-of-state universities equivalent to that afforded exclusively to white students at the University

of Missouri denies such Negroes the equal protection of the laws. The

obligation of a State to give equal protection of the laws can be performed only where its laws operate, that is, within its own jurisdiction.

Justices Concurring: Chief Justice Hughes, Brandeis, Stone, Roberts, Black,

Reed.

Justices Dissenting: McReynolds, Butler.

505. Gwin, White & Prince, Inc. v. Henneford, 305 U.S. 434 (1939).

A Washington gross receipts tax levied on the privilege of engaging in business in the State cannot constitutionally be imposed on the

gross receipts of a marketing agent for a federation of fruit growers

whose business consists of the marketing of fruit shipped from Washington to places of sale in other States and foreign countries. Such a

tax burdens interstate and foreign commerce contrary to Art. I, § 8,

cl. 3.

Justices Concurring: Butler, McReynolds, Chief Justice Hughes, Brandeis,

Stone, Roberts, Reed.

Justice Dissenting: Black.

506. Hale v. Bimco Trading Co., 306 U.S. 375 (1939).

Florida statute imposing an inspection fee of 15 cents per cwt. (60

times the cost of the inspection) on cement imported from abroad is

invalid under the commerce clause (Art. I, § 8, cl. 3).

507. Lanzetta v. New Jersey, 306 U.S. 451 (1939).

A New Jersey statute which stipulated that ‘‘any person not engaged in a lawful occupation, known to be a member of a gang of two

or more persons, who had been convicted at least three times of being

a disorderly person, or who has been convicted of any crime in New

Jersey or any other State, is declared to be a gangster’’ and punishable upon conviction, is repugnant to the due process clause of the

Fourteenth Amendment because of vagueness and uncertainty.

508. Lane v. Wilson, 307 U.S. 268 (1939).

An Oklahoma statute which provided that all persons, other than

those who voted in 1914, qualified to vote in 1916 but who failed to

register between April 30 and May 11, 1916, should be perpetually

disenfranchised was found to be repugnant to the Fifteenth Amendment.

Justices Concurring: Chief Justice Hughes, Roberts, Black, Reed, Frankfurter.

Justices Dissenting: McReynolds, Butler.
STATE ACTS HELD UNCONSTITUTIONAL 2121

509. Thornhill v. Alabama, 310 U.S. 88 (1940).

A statute which forbids the publicizing of facts concerning a labor

dispute, whether by printed sign, pamphlet, by word of mouth, or otherwise in the vicinity of the business involved, and without regard to

the number of persons engaged in such activity, the peaceful character of their conduct, the nature of the dispute, or the accuracy or

restraint of the language used in imparting information, is violative

of freedom of speech and press guaranteed by the due process clause

of the Fourteenth Amendment.

Justices Concurring: Chief Justice Hughes, Stone, Roberts, Black, Reed,

Frankfurter, Douglas, Murphy.

Justice Dissenting: McReynolds.

510. Cantwell v. Connecticut, 310 U.S. 296 (1940).

A statute which forbids any person to solict money or valuables

for any alleged religious cause, unless a license has first been procured from an official who is required to determine whether such

cause is a religious one and who may deny issuance if he determines

that the cause is not, imposes a previous restraint of the free exercise

of religion and effects a deprivation of liberty without due process of

law in violation of the Fourteenth Amendment.

511. McCarroll v. Dixie Lines, 309 U.S. 176 (1940).

Gasoline carried by interstate motor busses through Arkansas for

use as fuel in interstate transportation beyond the Arkansas line cannot be subject to an Arkansas tax imposed from maintenance of state

highways and collected on every gallon of gasoline above 20 brought

into the State in any motor vehicle for use in operating the same. The

statute levying this tax imposes an unconstitutional burden on interstate commerce.

Justices Concurring: McReynolds, Stone, Chief Justice Hughes, Roberts, Reed

(separately).

Justices Dissenting: Black, Frankfurter, Douglas.

512. Best v. Maxwell, 311 U.S. 454 (1940).

A North Carolina statute which levies an annual privilege tax of

$250 on every person or corporation, not a regular retail merchant in

the State, who displays samples in any hotel room or house rented

for the purpose of securing retail orders, cannot be applied to a nonresident merchant who took orders in the State and shipped interstate directly to customers. In view of the imposition of a one dollar

per year license tax collected from regular retail merchants, the enforcement of the statute as to nonresidents effects an unconstitutional

discrimination in favor of intrastate commerce contrary to Art. I, § 8,

cl. 3.
2122 STATE ACTS HELD UNCONSTITUTIONAL

513. Hines v. Davidowitz, 312 U.S. 52 (1941).

A Pennsylvania alien registration statute, imposing requirements

at variance with those set forth in the Federal Alien Registration Act

of 1940 containing a comprehensive scheme for the regulation of

aliens, is rendered unenforceable by reason of conflict with federal

legislative and treaty-making powers.

Justices Concurring: Roberts, Black, Reed, Frankfurter, Douglas, Murphy.

Justices Dissenting: Stone, Chief Justice Hughes, McReynolds.

514. Wood v. Lovett, 313 U.S. 362 (1941).

When a State, with the help of a statute curing irregularities in

a tax proceeding, sells land under a tax title which is valid, subsequent repeal of such curative statute is unconstitutional by reason of

effecting an impairment of the obligation of contract (Art. I, § 10, cl.

1).

Justices Concurring: Chief Justice Hughes, Stone, Roberts, Reed, Frankfurter.

Justices Dissenting: Black, Douglas, Murphy.

515. Federal Land Bank v. Bismarck Lumber Co., 314 U.S. 95 (1941).

Inasmuch as the Federal Farm Loan Act exempts federal land

banks from state taxes, other than those on property acquired in the

course of dealings, the North Dakota sales tax cannot validly be collected on the sale of materials to a federal land bank to be used in

improving real estate (Art. VI, cl. 2).

516. Edwards v. California, 314 U.S. 160 (1941).

A California statute making it a misdemeanor for any one knowingly to bring, or assist in bringing, into the State a nonresident, indigent person is invalid by reason of imposing an unconstitutional burden on interstate commerce.

Justices Concurring: Stone, C.J., Roberts, Reed, Frankfurter, Byrnes. Justices

Douglas, Black, Murphy and Jackson would have rested the invalidity on

§ 1 of the Fourteenth Amendment.

517. Taylor v. Georgia, 315 U.S. 25 (1942).

A state statute making it a crime for any person to contract with

another to perform services of any kind, and thereupon obtain in advance money or other thing of value, with intent not to perform such

service, and providing further that failure to perform the service or

to return the money, without good and sufficient cause, shall amount

to presumptive evidence of intent, at the time of making the contract,

not to perform such service, is violative of the Thirteenth Amendment.

518. Cloverleaf Butter Co. v. Patterson, 315 U.S. 148 (1942).

Consistently with the national supremacy clause, federal laws

and regulations relating to the entire process of manufacture of ren-
STATE ACTS HELD UNCONSTITUTIONAL 2123

ovated butter supersede state laws whereunder Alabama officials inspected and seized packing stock butter acquired by a manufacturer

of renovated butter for interstate commerce.

Justices Concurring: Roberts, Black, Reed, Douglas, Jackson.

Justices Dissenting: Stone, C.J., Frankfurter, Murphy, Byrnes.

519. Tulee v. Washington, 315 U.S. 681 (1942).

Being repugnant to the terms of a treaty concluded with the Yakima Indians reserving to the members of the latter tribe the right to

take fish at all usual places in common with the citizens of Washington Territory, a state law requiring such Indians to pay license fees

for the exercise of such privilege cannot be enforced.

520. Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535 (1942).

As applied to one convicted once of stealing chickens, and twice

of robbery, an Oklahoma statute providing for the sterilization of habitual criminals, other than those convicted of embezzlement, or violation of prohibition and revenue laws, violates the equal protection

clause of the Fourteenth Amendment.

Justices concurring specially: Stone, C.J., Jackson.

521. Pacific Coast Dairy v. Department of Agriculture, 318 U.S. 285 (1943).

Calif. Agric. Code provided that the selling and delivery of milk

‘‘at less than the minimum wholesale, retail prices effective in a marketing area’’ was an unfair practice warranting revocation of license

or prosecution. Sales and deliveries of milk to the War Department

on a federal enclave within a State over which the United States has

acquired exclusive jurisdiction are not subject to regulation under a

state milk stabilization law.

Justices Concurring: Stone, C.J., Roberts, Black, Reed, Douglas, Jackson.

Justices Dissenting: Frankfurter, Murphy.

522. Mayo v. United States, 319 U.S. 441 (1943).

Florida Commercial Fertilizer Law constituted a comprehensive

regulation of sale or distribution of commercial fertilizer and required

a label or stamp on each bag evidencing the payment of an inspection

fee. Held: a State is without constitutional power to exact an inspection fee, although the design of the inspection service was to protect

consumer from fraud, as to fertilizer which the United States owns

and is distributing within the State pursuant to provision of the Soil

Conservation and Domestic Allotment Act.

523. Taylor v. Mississippi, 319 U.S. 583 (1943).

General Laws of Mississippi, 1943, ch. 178, provided, in part, that

the teaching and dissemination of printed matter designed to encourage disloyalty to the national and state governments, and the distribution of printed matter reasonably tending ‘‘to create an attitude
2124 STATE ACTS HELD UNCONSTITUTIONAL

of stubborn refusal to salute, honor, or respect the flag or Government

of the United States, or of the State of Mississippi’’ was a felony.

The Fourteenth Amendment of the Constitution prohibits the imposition of punishment for: (1) urging and advising on religious

grounds that citizens refrain from saluting the flag; and (2) the communication of beliefs and opinion concerning domestic measures and

trends in national and world affairs, when this is without sinister

purpose and not in advocacy of, or incitement to, subversive action

against the Nation or State and does not involve any clear and

present danger to our institutions or our Government. Conviction

under the statute for disseminating literature reasonably tending to

create an attitude of stubborn refusal to salute, honor or respect the

national and state flags and governments denies the liberty guaranteed by the Fourteenth Amendment.

524. Pollock v. Williams, 322 U.S. 4 (1944).

Florida Statute of 1941, sec. 817.09 and sec. 817.10, made it a

misdemeanor to induce advances with intent to defraud by a promise

to perform labor, and further made failure to perform labor for which

money had been obtained prima facie evidence of intent to defraud.

The statute is violative of the Thirteenth Amendment and the Federal

Antipeonage Act for it cannot be said that a plea of guilty is

uninfluenced by the statute’s threat to convict by its prima facie evidence section.

Justices Concurring: Roberts, Black, Frankfurter, Douglas, Murphy, Jackson,

Rutledge.

Justices Dissenting: Stone, C.J., Reed.

525. United States v. Allegheny County, 322 U.S. 174 (1944).

Pennsylvania law provided in part that ‘‘The following subjects

and property shall be valued and assessed, and subject to taxation,

‘‘and that taxes are declared ‘‘to be a first lien on said property.’’ The

effect of an ad valorem property tax is to increase the valuation of the

land and buildings of a manufacturer by the value of machinery

leased to him by the United States and is therefore a tax on property

owned by the United States and is violative of the Constitution.

Justices Concurring: Stone, C.J., Black, Reed, Douglas, Murphy, Jackson, Rutledge.

Justices Dissenting: Roberts, Frankfurter.

526. McLeod v. Dilworth Co., 322 U.S. 327 (1944).

The commerce clause prohibits the imposition of an Arkansas

sales tax on sales to residents of the State which are consummated

by acceptance of orders in, and the shipments of goods from, another

State, in which title passes upon delivery to the carrier.

Justices Concurring: Stone, C.J., Roberts, Reed, Frankfurter, Jackson.
STATE ACTS HELD UNCONSTITUTIONAL 2125

Justices Dissenting: Black, Douglas, Murphy, Rutledge.

527. Thomas v. Collins, 323 U.S. 516 (1945).

A Texas statute required union organizers, before soliciting members, to obtain an organizer’s card from the Secretary of State. As applied in this case, the statute is violative of the First and Fourteenth

Amendments in that it imposes a previous restraint upon the rights

of free speech and free assembly. The First Amendment’s safeguards

are not inapplicable to business or economic activity and restrictions

of these activities can be justified only by clear and present danger

to the public welfare.

Justices Concurring: Black, Douglas, Murphy, Jackson, Rutledge.

Justices Dissenting: Stone, C.J., Roberts, Reed, Frankfurter.

528. Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945).

An Ohio ad valorem tax on Philippine importations was violative

of the constitutional prohibition of state taxation of imports for the

reason that the place from which the imported articles are brought

is not a part of the United States in the constitutional sense.

Justices Concurring: Stone, C.J., Roberts, Reed (dissenting in part), Frankfurter, Douglas (concurring in part), Murphy (concurring in part), Jackson,

Rutledge (concurring in part).

Justice Dissenting: Black.

529. Hill v. Florida ex rel. Watson, 325 U.S. 538 (1945).

Florida law provided that no one shall be licensed as a ‘‘business

agent’’ of a labor union without meeting certain specified standards

and that all labor unions in the State must file annual reports disclosing certain information and pay an annual fee therefor. The statute

circumscribes the ‘‘full freedom’’ to choose collective bargaining agents

secured to employees by the National Labor Relations Act. The reporting requirement and fee levied on labor unions does not conflict

with the Act but is the sanction imposed by injunction against the

labor union from functioning as such that is inconsistent with the federally protected processes of collective bargaining.

Justices Concurring: Stone, C.J., Black, Reed, Douglas, Murphy, Jackson, Rutledge.

Justices Dissenting: Roberts, Frankfurter.

530. Southern Pacific Co. v. Arizona, 325 U.S. 761 (1945).

The Arizona Train Limit Law makes it unlawful to operate a

train of more than fourteen passenger or seventy freight cars. As applied to interstate trains, this law contravenes the commerce clause

of the Constitution. The state regulation passes beyond what is plainly essential for safety, since it does not appear that it will lessen,

rather than increase, the danger of accident.
2126 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Stone, C.J., Roberts, Reed, Frankfurter, Murphy, Jackson, Rutledge.

Justices Dissenting: Black, Douglas.

531. Marsh v. Alabama, 326 U.S. 501 (1946).

Alabama law makes it a crime to enter or remain on the premises

of another after having been warned not to do so. A State, consistently with the freedom of religion and the press guaranteed by the

First and Fourteenth Amendments, cannot impose criminal punishment on a person for distributing religious literature on the sidewalk

of a company-owned town contrary to regulations of the town’s management, where the town and its shopping district are freely accessible to and freely used by the public in general.

Justices Concurring: Black, Frankfurter, Douglas, Murphy, Rutledge.

Justices Dissenting: Stone, C.J., Reed, Burton.

532. Tucker v. Texas, 326 U.S. 517 (1946).

Texas Penal Code makes it an offense for any ‘‘peddler or hawker

of goods or merchandise’’ willfully to refuse to leave premises after

having been notified to do so by the owner or possessor thereof. A

State, consistently with the freedom of religion and the press guaranteed by the First and Fourteenth Amendments, cannot impose criminal punishment upon a person engaged in religious activities and distributing religious literature in a village owned by the United States

under a congressional program designed to provide housing for workers engaged in national defense activities, where the village is freely

accessible and open to the public.

Justices Concurring: Black, Frankfurter, Douglas, Murphy, Rutledge.

Justices Dissenting: Stone, C.J., Reed, Burton.

533. Republic Pictures Corp. v. Kappler, 327 U.S. 757 (1946).

Iowa statute, insofar as it required actions on claims arising

under a federal statute not continuing any period of limitations, to be

commenced within six months, effected a denial of equal protection of

law when enforced as to one seeking to recover under the Federal

Fair Labor Standards Act; a State may not discriminate against

rights accruing under federal laws by imposing as to the former a special period of limitations not applicable to other claims.

534. First Iowa Hydro-Electric Coop. v. FPC, 328 U.S. 152 (1946).

Iowa Code provided that no dam shall be constructed, operated

or maintained in any navigable or meandered stream unless a permit

has been granted by the executive council. Where sec. 9(b) of the Federal Power Act requires an applicant to submit satisfactory evidence

of compliance with state laws with respect to the use of water for

power purposes but petitioner made no attempt to comply with law

requiring permit, the Court held that compliance with the Iowa law
STATE ACTS HELD UNCONSTITUTIONAL 2127

requiring a state permit is not a condition precedent to securing a federal license since it is the Federal Power Commission rather than the

Iowa Executive Council that must pass upon issues affecting the use

of navigable waters on the commerce clause of the Constitution.

Justices Concurring: Burton, Stone, C.J., Black, Reed, Douglas, Murphy, Rutledge.

Justice Dissenting: Frankfurter.

535. Morgan v. Virginia, 328 U.S. 373 (1946).

Virginia Code required motor carriers, both interstate and intrastate, to separate without discrimination white and colored passengers in their motor buses so that contiguous seats would not be

occupied by persons of different races at the same time. Even though

Congess has enacted no legislation on the subject, the state provisions

are invalid as applied to passengers in vehicles moving interstate because they burden interstate commerce.

Justices Concurring: Black (separately), Reed, Frankfurter (separately), Douglas, Murphy, Rutledge.

Justice Dissenting: Burton.

536. Richfield Oil Corp. v. State Board, 329 U.S. 69 (1946).

The California Retail Sales Tax, measured by gross receipts, cannot constitutionally be collected on exports in the form of oil delivered

from appellant’s dockside tanks to a New Zealand vessel in a California port for transportation to Auckland pursuant to a contract of sale

with the New Zealand Government.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Douglas, Jackson, Rutledge, Burton.

Justice Dissenting: Black.

537. Bethlehem Steel Co. v. New York Employment Relations Bd., 330 U.S.

767 (1947).

Where the National Labor Relations Board has asserted general

jurisdiction over unions of foreman employed by industries subject to

the National Labor Relations Act but had refused to certify such

unions as collective bargaining representatives on the ground that to

do so at the time would obstruct rather than further effectuation of

the purposes of the Act, certification of such unions by the New York

Employment Relations Board under a state act is invalid as in conflict

with the National Labor Relations Act and the commerce clause of the

Constitution.

538. Accord: Plankington Packing Co. v. WERB, 338 U.S. 953 (1950).

539. Rice v. Sante Fe Elevator Corp., 331 U.S. 218 (1947).

By reason of amendments of the United States Warehouse Act,

Congress terminated the dual system of regulation and substituted an
2128 STATE ACTS HELD UNCONSTITUTIONAL

exclusive system of federal regulations of warehouses licensed under

the federal act. Such warehouses therefore no longer need to obtain

Illinois licenses or comply with Illinois laws regulating those phases

of the warehouse business which have been regulated under the federal act. Compliance with Illinois law is limited to those phases of the

business which the federal act expressly subjects to state law.

Justices Concurring: Vinson, C.J., Black, Reed, Douglas, Murphy, Jackson,

Burton.

Justices Dissenting: Frankfurter, Rutledge.

540. Order of Travelers v. Wolfe, 331 U.S. 586 (1947).

South Dakota Law provided that the time for commencing action

on contracts was within six years and declared void every stipulation

in a contract which reduces the time within which a party thereto

may enforce his rights by legal proceedings. A claimant bringing an

action in South Dakota for benefits arising under the constitution of

a fraternal benefit society incorporated in Ohio and licensed to do

business in South Dakota is bound by the limitation prescribed in the

society’s constitution barring actions on claims six months after disallowance by the society. South Dakota is required under the Federal

Constitution to give full faith and credit to the public acts of Ohio.

Justices Concurring: Vinson, C.J., Frankfurter, Reed, Jackson, Burton.

Justices Dissenting: Black, Douglas, Murphy, Rutledge.

541. United States v. California, 332 U.S. 19 (1947).

California claimed that it owned the resources of the soil under

the three-mile marginal belt as an incident to those elements of sovereignty which it exercised in that area, and therefore might grant

permits to California residents to prospect far out and on the ocean

floor within said limits. Held: California is not the owner of the threemile marginal belt along its coast; the Federal Government rather

than the State has paramount rights in and power over that belt, and

full dominion over the resources of the soil under that water area.

The United States is therefore, entitled to a decree enjoining California and all persons claiming under it from continuing to trespass

upon the area in violation of the rights of the United States.

Justices Concurring: Vinson, C.J., Black, Douglas, Murphy, Rutledge, Burton.

Justices Dissenting: Reed, Frankfurter.

542. Sipuel v. Board of Regents, 332 U.S. 631 (1948).

Oklahoma constitutional and statutory provisions barring Negroes from the University of Oklahoma Law School are violative of

the equal protection clause of the Fourteenth Amendment by reason

of the fact that the University Law School is the only institution for

legal education maintained by the State.
STATE ACTS HELD UNCONSTITUTIONAL 2129

543. Oyama v. California, 332 U.S. 633 (1948).

California Alien Land Law forbade aliens ineligible for American

citizenship to acquire, own, occupy, lease or transfer agricultural land

and provided that any property acquired in violation of the statutes

shall escheat as of the date of acquisition and that the same result

shall follow any transfer made with ‘‘intent to prevent, evade, or

avoid’’ escheat. Such intent is presumed prima facie, wherever an ineligible alien pays the consideration for a transfer to a citizen or eligible alien.

Applied to effect an escheat of agricultural lands acquired in the

name of a minor American citizen with funds contributed by a father,

a Japanese alien ineligible for naturalization, the statute deprived the

son of the equal protection of the laws and of his privileges as an

American citizen contrary to the Fourteenth Amendment.

Justices Concurring: Vinson, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge.

Justices Dissenting: Reed, Jackson, Burton.

544. Seaboard Air Line R.R. v. Daniel, 333 U.S. 118 (1948).

South Carolina provided that a railroad line within the State can

be owned and operated only by state-created corporations. A railroad

corporation chartered under the laws of another State is forbidden

under heavy penalties to exercise such powers within South Carolina.

However, under South Carolina law, a foreign railroad corporation

may organize a South Carolina subsidiary and may consolidate that

corporation with itself. In that event, the consolidated corporation

would be a corporation both of South Carolina and of another State.

A Virginia corporation authorized by the Interstate Commerce

Commission under § 5 of the Interstate Commerce Act to own and operate an entire railway system with mileage in South Carolina is exempt from compliance with South Carolina’s laws forbidding foreign

corporations to own or operate railroads in the State.

545. Winters v. New York, 333 U.S. 507 (1948).

New York Penal Law provided that a person was guilty of a misdemeanor who ‘‘prints, utters, publishes, sells, lends, gives away, distributes, shows, or has in his possession with intent to sell, lend, give

away, distribute or show or otherwise offer for sale, loan, gift or distribution, any book, pamphlet, magazine, newspaper or other printed

matter devoted to the publication, and principally made up of criminal laws, police reports, or accounts of criminal deeds, or pictures, or

stories of deeds of bloodshed, lust or crime. . . .’’

Subsection 2 was construed by the state Court of Appeals to prohibit distribution of a magazine principally made up of news or stories of criminal deeds of bloodshed or lust so massed as to become a

vehicle for inciting violent and depraved crimes against the person.
2130 STATE ACTS HELD UNCONSTITUTIONAL

As thus construed this provision is so vague and indefinite as to violate the Fourteenth Amendment by prohibiting acts within the protection of the guaranty of free speech and press.

Justices Concurring: Vinson, C.J., Black, Reed, Douglas, Murphy, Rutledge.

Justices Dissenting: Frankfurter, Jackson, Burton.

546. Toomer v. Witsell, 334 U.S. 385 (1948).

South Carolina law required a license of shrimp boat owners, the

fee for which was $25 per boat for residents and $2,500 per boat for

nonresidents. The law also required all boats licensed to trawl for

shrimp in South Carolina waters to dock in the State and to unload

their catch, pack, and properly stamp the catch before shipping or

transporting it to another State. The differential license fees plainly

discriminated against nonresidents and violated the privileges and

immunities clause of Art. IV, § 2. The latter requirement burdened

interstate commerce in violation of the commerce clause.

Justices Concurring: Vinson, C.J., Reed, Douglas, Murphy, Rutledge, Burton,

Black (dissenting in part), Frankfurter (dissenting in part), Jackson (dissenting in part).

547. Takahashi v. Fish & Game Comm’n, 334 U.S. 410 (1948).

California required a commercial fishing license of every person

bringing fish ashore in the State to sell but denied such a license to

any person ineligible for citizenship. The statute precluded a resident

Japanese alien from earning his living as a commercial fisherman in

the ocean waters off the State and was held invalid under the equal

protection clause of the Fourteenth Amendment and under federal

statutory law (42 U.S.C. § 1981).

Justices Concurring: Vinson, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge, Burton.

Justices Dissenting: Reed, Jackson.

548. Greyhound Lines v. Mealey, 334 U.S. 653 (1948).

New York constitutionally may tax gross receipts of a common

carrier from the transportation apportioned as to mileage within the

State, but collection of the tax on gross receipts from that portion of

the mileage outside the State unduly burdens interstate commerce in

violation of the commerce clause of the Constitution.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Rutledge, Burton.

Justices Dissenting: Black, Douglas, Murphy.

549. La Crosse Tel. Corp. v. WERB, 336 U.S. 18 (1949).

Certification by a state employment relations board under a state

labor relations act of a union as the collective bargaining representative of employees engaged in interstate commerce is invalid as in con-
STATE ACTS HELD UNCONSTITUTIONAL 2131

flict with the National Labor Relations Act; the employer is one over

which the NLRB consistently has exercised jurisdiction.

550. H. P. Hood & Sons v. Du Mond, 336 U.S. 525 (1949).

Agricultural and Market Law of New York provided in part that

the Commissioner in issuing licenses to milk dealers must be satisfied

‘‘that the issuance of the license will not tend to destructive competition in a market already adequately served, and that the issuance of

the license is in the public interest.’’

Denial of a license under this provision violates the commerce

clause of the Constitution and the Federal Agricultural Marketing Act

where petitioner, a distributor of milk in Massachusetts and operating three receiving plants licensed under the New York Agricultural

and Market Law, was denied a license to operate an additional plant

on grounds that the expanded facilities would reduce the supply of

milk for local markets and result in destructive competition in a market already adequately served.

Justices Concurring: Vinson, C.J., Reed, Douglas, Jackson, Burton.

Justices Dissenting: Black, Frankfurter, Murphy, Rutledge.

551. Schnell v. Davis, 336 U.S. 933 (1949).

The Boswell Amendment to the Alabama constitution which vested unlimited authority in electoral officials to determine whether prospective voters satisfied the literacy requirement was violative of the

Fifteenth Amendment and the equal protection clause of the Fourteenth Amendment.

552. Union Nat’l Bank v. Lamb, 337 U.S. 38 (1949).

Missouri law, whereunder a judgment could not be revived after

ten years from its rendition, could not be invoked, consistently with

the full faith and credit clause, to prevent enforcement in a Missouri

court of a Colorado judgment obtained in 1927 and revived in Colorado in 1946.

Justices Concurring: Vinson, C.J., Reed, Douglas, Murphy, Jackson, Burton.

Justices Dissenting: Black, Frankfurter, Rutledge.

553. Wheeling Steel Corp. v. Glander, 337 U.S. 562 (1949).

The Ohio ad valorem tax levied on accounts receivable of foreign

corporations derived from sales of goods manufactured within the

State, but exempting receivables owned by residents and domestic

corporations, denied foreign corporations equal protection of the laws

in violation of the Fourteenth Amendment. The tax was not saved

from invalidity by the ‘‘reciprocity’’ provision of the statute imposing

it, since this plan is not one which, by credit or otherwise, protects

the nonresident or foreign corporation against discrimination.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Murphy, Jackson, Rutledge, Burton.
2132 STATE ACTS HELD UNCONSTITUTIONAL

Justices Dissenting: Black, Douglas.

554. Treichler v. Wisconsin, 338 U.S. 251 (1949).

Insofar as the Wisconsin emergency tax on inheritances is measured by tangible property located outside the State, the tax violates

the due process clause of the Fourteenth Amendment.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Douglas, Burton, Clark,

Minton.

Justice Dissenting: Black.

555. Wissner v. Wissner, 338 U.S. 655 (1950).

Consistently with the principle of national supremacy, the California community property law could not be invoked to sustain an

award to a deceased soldier’s widow of one-half of the proceeds of an

insurance policy issued under the National Life Insurance Act; by the

terms of the latter insured soldier is accorded the right to designate

his beneficiary, in this instance, his mother, and his widow, not having been designated, is expressly precluded from acquiring a vested

right to these proceeds.

556. New Jersey Ins. Co. v. Division of Tax Appeals, 338 U.S. 665 (1950).

Collection by a New Jersey taxing district of a tax on intangible

property of a stock insurance company, computed without deducting

the principal amount of certain United States bonds and accrued interest thereon was invalid by reason of conflict with federal law exempting federal obligations from state and local taxation.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, Clark,

Minton.

Justice Dissenting: Black.

557. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950).

Notice by publication, as authorized by the New York Banking

Law for purposes of enabling banks managing common trust funds to

obtain a judicial settlement of accounts binding on all having an interest in such funds, is not sufficient under the due process clause of

the Fourteenth Amendment for determining property rights of persons whose whereabouts are known.

Justices Concurring: Vinson, C.J., Black, Reed, Jackson, Clark, Minton,

Frankfurter.

Justice Dissenting: Burton.

558. United Automobile Workers v. O’Brien, 339 U.S. 454 (1950).

The strike vote provision of the Michigan Mediation Law, which

prohibits the calling of a strike unless a state-prescribed procedure for

mediation is followed and unless a majority of the employees in a

state-defined bargaining unit authorizes the strike, conflicts with the

National Labor Relations Act and is invalid under the commerce

clause of the Constitution.
STATE ACTS HELD UNCONSTITUTIONAL 2133

559. Sweatt v. Painter, 339 U.S. 629 (1950).

Texas constitutional and statutory provisions restricting admission to the University of Texas Law School to white students are violative of the equal protection clause of the Fourteenth Amendment by

reason of the fact that Negro students, denied admission thereto, are

afforded educational facilities inferior to those available at the University.

560. United States v. Louisiana, 339 U.S. 699 (1950).

The Louisiana constitution provides that the Louisiana boundary

includes all islands within three leagues of the coast; and Louisiana

statutes provide that the State’s southern boundary is 27 marine

miles from the shore line.

Since the three-mile belt off the shore is in the domain of the Nation rather than that of the States, it follows that the area claimed

by Louisiana extending 24 miles seaward beyond the three-mile belt

is also in the domain of the Nation rather than Louisiana. The marginal sea is a national, not a state, concern and national rights are

paramount in that area. The United States, therefore, is entitled to

a decree upholding such paramount rights and enjoining Louisiana

and all persons claiming under it from trespassing upon the area in

violation of the rights of the United States, and requiring Louisiana

to account for the money derived by it from the area after June 23,

1947.

Justices Concurring: Vinson, C.J., Black, Frankfurter, Douglas, Burton.

Justices Dissenting: Reed, Minton.

561. United States v. Texas, 339 U.S. 707 (1950).

Notwithstanding provisions in Texas laws whereby that State extended its boundary to a line in the Gulf of Mexico 24 marine miles

beyond the three-mile limit and asserted ownership of the bed within

that area and to the outer edge of the continental shelf, the United

States is entitled to a decree sustaining its paramount rights to dominion of natural resources in said area, beyond the low-water mark

on the coast of Texas and outside inland waters. Any claim which

Texas may have asserted over the marginal belt when she existed as

an independent Republic was relinquished upon her admission into

the Union on an equal footing with the existing States.

Justices Concurring: Vinson, C.J., Black, Frankfurter, Douglas, Burton.

Justices Dissenting: Reed, Minton.

562. McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950).

Oklahoma law required segregation in educational facilities at institutions of higher learnings. As applied to assign an African American student to a special row in the classroom, to a special table in

the library, and to a special table in the cafeteria, the law impaired
2134 STATE ACTS HELD UNCONSTITUTIONAL

and inhibited the student’s ability to study, engage in discussion, exchange views with other students, and in general to learn his profession. The conditions under which the student was required to receive

his education deprived him of his personal and present right to the

equal protection of the laws and were contrary to the command of the

Fourteenth Amendment.

563. Bus Employees v. WERB, 340 U.S. 383 (1951).

Wisconsin Public Utility Anti-Strike Law substituted arbitration

upon order of the Wisconsin Employment Relations Board for collective bargaining whenever an impasse is reached in the bargaining

process. To insure conformity with this statutory scheme, Wisconsin

denied to utility employees the right to strike.

As applied, this law conflicts with the National Labor Relations

Act and is invalid under the supremacy clause.

Justices Concurring: Vinson, C.J., Black, Reed, Douglas, Jackson, Clark.

Justices Dissenting: Frankfurter, Burton, Minton.

564. Norton Co. v. Department of Revenue, 340 U.S. 534 (1951).

The Illinois occupation tax, levied on gross receipts from sales of

tangible personal property, cannot be collected on orders sent directly

by the customer to the head officer of a corporation in Massachusetts

and shipped directly to the customers from that office. These sales are

interstate in nature and are immune from state taxation by virtue of

the commerce clause.

Justices Concurring: Vinson, C.J., Black (dissenting in part), Reed (dissenting

in part), Frankfurter, Douglas (dissenting in part), Jackson, Burton, Clark

(dissenting in part), Minton.

565. Spector Motor Serv. v. O’Connor, 340 U.S. 602 (1951).

A state franchise tax for the privilege of doing business in a

State, computed at a nondiscriminatory rate on that part of a foreign

corporation’s net income which is reasonably attributed to its business activities within the States and not levied as compensation for

the use of highways, or collected in lieu of an ad valorem property

tax, or imposed as a fee for inspection, or as a tax on sales or use,

cannot constitutionally be applied to a foreign motor carrier engaged

exclusively in interstate trucking. A State cannot exact a franchise

tax for the privilege of engaging in interstate commerce.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton,

Minton.

Justices Dissenting: Black, Douglas, Clark.

566. Hughes v. Fetter, 341 U.S. 609 (1951).

The Wisconsin Wrongful Death Act provided that ‘‘. . . actions

thereunder shall be brought only for a death caused in this State.’’
STATE ACTS HELD UNCONSTITUTIONAL 2135

Wisconsin’s policy against entertaining suits under the wrongful

death acts of other States must give way to the strong unifying principle embodied in the full faith and credit clause looking toward maximum enforcement in each State of the obligations or rights created

or recognized by the statutes of sister states.

Justices Concurring: Vinson, C.J., Black, Douglas, Burton, Clark.

Justices Dissenting: Reed, Frankfurter, Jackson, Minton.

567. Carson v. Roane-Anderson Co., 342 U.S. 232 (1952).

Tennessee Retailers’ Sales Tax Act could not be enforced as to

sales of commodities to a contractor employed by the Atomic Energy

Commission; the contractor’s activities were those of the Commission

and exempt under federal law.

568. Accord: General Electric Co. v. Washington, 347 U.S. 909 (1954), embracing exemption of a similar contractor from Washington business

and occupation tax law.

569. Standard Oil Co. v. Peck, 342 U.S. 382 (1952).

When boats and barges of an Ohio corporation used in transporting oil along the Mississippi River do not pick up or discharge oil in

Ohio, and, apart from stopping therein occasionally for fuel and repairs, are almost continuously outside Ohio and are subject, on an apportionment basis, to taxation by other States, an Ohio tax on their

full value violates the due process clause of the Fourteenth Amendment.

Justices Concurring: Vinson, C.J., Reed, Clark, Frankfurter, Douglas, Jackson,

Burton.

Justices Dissenting: Black, Minton.

570. Memphis Steam Laundry v. Stone, 342 U.S. 389 (1952).

A Mississippi privilege tax, levied on the privilege of soliciting

business for a laundry not licensed in the State and collected at the

rate of $50 on each vehicle used in the business cannot validly be imposed on a foreign corporation operating an establishment in Tennessee and doing no business in Mississippi other than sending trucks

thereto to solicit business, and pick up, deliver, and collect for laundry. A tax so administered burdens interstate commerce.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Douglas, Jackson, Burton, Clark, Minton.

Justice Dissenting: Black.

571. First Nat’l Bank v. United Air Lines, 342 U.S. 396 (1952).

Illinois law provided that ‘‘no action shall be brought or prosecuted in this state to recover damages for a death occurring outside

of this state where a right of action for such death exists under the
2136 STATE ACTS HELD UNCONSTITUTIONAL

laws of the place where such death occurred and services of process

in such suit may be had upon the defendant in such place.’’

In a suit brought in a federal district court in Illinois on grounds

of diversity of citizenship to recover under the Utah death statute for

a death occurring in Utah, the Illinois statute was held to be violative

of the full faith and credit clause.

Justices Concurring: Vinson, C.J., Black, Douglas, Jackson, Burton, Clark,

Minton.

Justices Dissenting: Reed, Frankfurter.

572. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 (1952).

Insofar as the New York Education Law forbids the commercial

showing of any motion picture without a license and authorizes denial

of a license on a censor’s conclusion that a film is ‘‘sacrilegious,’’ it is

void as a prior restraint on freedom of speech and of the press under

the First Amendment made applicable to the States by the due process clause of the Fourteenth Amendment. The statute authorized designated officers to refuse to license the showing of any film which is

obscene, indecent, immoral, inhuman, sacrilegious, or the exhibition

of which would tend to corrupt morals or incite to crime.

573. Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 (1952).

As construed and applied, Art. 5-C of the New York Religious

Corporations Laws, which authorized transfer of administrative control of the Russian Orthodox churches of North America from the Supreme Church Authority in Moscow to the authorities selected by a

convention of the North American churches is invalid. Legislation

which determines, in a hierarchical church, ecclesiastical administration or the appointment of the clergy, or transfers control of churches

from one group to another, interferes with the free exercise of religion

contrary to the Constitution.

Justices Concurring: Black, Douglas, Frankfurter, Vinson, C.J., Reed, Burton,

Clark, Minton.

Justice Dissenting: Jackson.

574. Wieman v. Updegraff, 344 U.S. 183 (1952).

Oklahoma law requires each state officer and employee, as a condition of his employment, to take a ‘‘loyalty oath,’’ that he is not, and

has not been for the preceding five years, a member of any organization listed by the Attorney General of the United States as ‘‘communist front’’ or ‘‘subversive.’’

As construed, this statute excludes persons from state employment on the basis of membership in an organization, regardless of

their knowledge concerning the activities and purposes of the organization and therefore violates the due process clause of the Fourteenth

Amendment.
STATE ACTS HELD UNCONSTITUTIONAL 2137

575. Dameron v. Brodhead, 345 U.S. 322 (1953).

Where a serviceman domiciled in one State is assigned to military duty in another State, the latter is barred by § 514 of the Soldiers and Sailor’s Civil Relief Act of 1940 from imposing a tax on his

tangible personal property temporarily located within its borders,

even when the State of his domicile has not taxed such property.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, Clark,

Minton.

Justices Dissenting: Black, Douglas.

576. Kern-Limerick, Inc. v. Scurlock, 347 U.S. 110 (1954).

The Arkansas Gross Receipts Tax, levied on the gross receipts of

sales within the State, cannot be applied to transactions whereby private contractors procured in Arkansas two tractors for use in constructing a naval ammunition depot for the United States under a

cost-plus-fixed-fee contract. Applicable federal laws provide that in

procuring articles required for accomplishment of the agreement, the

contractor shall act as purchasing agent for the Government and that

the Government not only acquires title but shall be directly liable to

the vendor for the purchase price. The tax is void as a levy on the

Federal Government.

Justices Concurring: Reed, Frankfurter, Jackson, Burton, Clark, Minton.

Justices Dissenting: Warren, C.J., Black, Douglas.

577. Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157 (1954).

A Texas tax on the occupation of ‘‘gathering gas’’ measured by the

entire volume of gas ‘‘taken,’’ as applied to an interstate natural gas

pipeline company, where the taxable incidence is the taking of gas

from the outlet of an independent gasoline plant within the State for

the purpose of immediate interstate transmission, is violative of the

commerce clause. As here applied, the State delayed the incidence of

the tax beyond the step where production and processing have ceased

and transmission in interstate commerce has begun; to that the tax

is not levied on the capture or production of the gas, but on its taking

into interstate commerce after production, gathering and processing.

578. Miller Bros. v. Maryland, 347 U.S. 340 (1954).

Where residents of nearby Maryland make purchase from appellant in Delaware, some deliveries being made in Maryland by common carrier and some by appellant’s truck, seizure of the appellant’s

truck in Maryland and holding it liable for the Maryland use tax on

all goods sold in Delaware to Maryland customers is a denial of due

process; the Delaware corporation has not subjected itself to the taxing power of Maryland and has not afforded Maryland a jurisdiction

or power to impose upon it a liability for collections of the Maryland

use tax.
2138 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Reed, Frankfurter, Jackson, Burton, Minton.

Justices Dissenting: Warren, C.J., Black, Douglas, Clark.

579. Railway Express Agency v. Virginia, 347 U.S. 359 (1954).

In addition to ‘‘taxes on property of express companies,’’ Virginia

provided that ‘‘for the privilege of doing business in the State,’’ express companies shall pay an ‘‘annual license tax’’ upon gross receipts

earned in the State ‘‘on business passing through, into, or out of, this

State.’’

The gross-receipts tax is in fact and effect a privilege tax, and its

application to a foreign corporation doing an exclusively interstate

business violated the commerce clause of the Constitution.

Justices Concurring: Reed, Frankfurter, Jackson, Burton, Minton.

Justices Dissenting: Warren, C.J., Black, Douglas, Clark.

580. Franklin Nat’l Bank v. New York, 347 U.S. 373 (1954).

Insofar as the New York Banking Law forbids national banks to

use the word ‘‘saving’’ or ‘‘savings in their business or advertising,’’

it conflicts with federal laws expressly authorizing national banks to

receive deposits and to exercise incidental powers and is void.

Justices Concurring: Warren, C.J., Black, Frankfurter, Douglas, Jackson, Burton, Clark, Minton.

Justice Dissenting: Reed.

581. Brown v. Board of Education, 347 U.S. 483 (1954).

State constitutional and statutory provisions requiring segregation of white and Negro children in public schools on the basis of race

denies to such Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment and are void.

582. Castle v. Hayes Freight Lines, 348 U.S. 61 (1954).

Illinois law provides for a 90-day suspension upon a finding of 10

or more violations of regulations calling for a balanced distribution of

freight loads in relation to the truck’s axles. If thereafter the same

carrier is found to have been guilty of 10 or more later violations, the

suspension is for one year.

Where an interstate motor carrier holds a certificate of convenience and necessity issued by the Interstate Commerce Commission

under the Federal Motor Carrier Act, a State may not suspend the

carrier’s rights to use the State’s highways in its interstate operations. The Illinois law, as applied to such carrier, is violative of the

commerce clause.

583. Society for Savings v. Bowers, 349 U.S. 143 (1955).

When a state property tax is levied against a mutual saving bank

and a federal savings and loan association in their own names and

is measured by the amount of each bank’s capital, surplus, or reserve
STATE ACTS HELD UNCONSTITUTIONAL 2139

and undivided profits, without deduction of the value of federal securities owned by each or provision for reimbursement of each bank by

its depositors for the tax, the latter is void as a tax upon obligations

of the Federal Government (Art. VI, cl. 2).

584. Pennsylvania v. Nelson, 350 U.S. 497 (1956).

The Smith Act, as amended, 18 U.S.C. § 2385, which prohibits the

knowing advocacy of the overthrow of the Government of the United

States by force and violence, supersedes the enforceability of the

Pennsylvania Sedition Act, which proscribes the same conduct. The

scheme of federal regulation is so pervasive as to make reasonable the

inference that the Congress left no room for the States to supplement

it—enforcement of state sedition acts presents a serious danger of

conflict with the administration of the federal program. The decision

of the Supreme Court of Pennsylvania holding that the Smith Act superseded the Pennsylvania statute is affirmed.

Justices Concurring: Warren, C.J., Black, Frankfurter, Douglas, Clark, Harlan.

Justices Dissenting: Reed, Burton, Minton.

585. Griffin v. Illinois, 351 U.S. 12 (1956).

Illinois statutes provide that a writ of error may be prosecuted

on a ‘‘mandatory record’’ kept by the court clerk and consisting of the

indictment, arraignment, plea, verdict, and sentence. The ‘‘mandatory

record’’ can be obtained free of charge by an indigent defendant. In

such instances review is limited to errors on the face of the mandatory record, and there is no review of trial errors such as an erroneous ruling on admission of evidence. No provision was made whereby a convicted person in a non-capital case can obtain a bill of exceptions or report of the trial proceedings, which by statute is furnished

free only to indigent defendants sentenced to death. Griffin, an indigent defendant convicted of robbery, accordingly was refused a free

certified copy of the entire record, including a stenographic transcript

of the proceedings, and therefore was unable to perfect his appeal

founded upon nonconstitutional errors of the trial court. Petitioner

was held to have been denied due process of law and the equal protection of the laws guaranteed by the Fourteenth Amendment.

Justices Concurring: Warren, C.J., Black, Frankfurter, Douglas, Clark.

Justices Dissenting: Reed, Burton, Minton, Harlan.

586. Covey v. Town of Somers, 351 U.S. 141 (1956).

New York statutory procedure which sanctioned notice by mail

together with the posting of a copy of said notice at a local post office

and the publication thereof in two local newspapers of proceedings to

foreclose a lien for delinquent real estate taxes, was constitutionally

inadequate and effected a taking of property without due process
2140 STATE ACTS HELD UNCONSTITUTIONAL

when employed in the foreclosure of the property of a mentally incompetent woman resident in the taxing jurisdiction and known by the

officials thereof to be financially responsible but incapable of handling

her affairs.

Justice Concurring: Frankfurter (separately).

587. Railway Employees’ Dep’t v. Hanson, 351 U.S. 225 (1956).

A ‘‘right to work’’ provision of the Nebraska constitution, by virtue of the supremacy clause of Art. VI of the Constitution, cannot be

invoked to invalidate a ‘‘union shop’’ agreement between an interstate

railroad and unions of its employees for the reason that such ‘‘union

shop’’ agreement is expressly authorized by § 2(11) of the Railway

Labor Act. By reason of such authorization, such ‘‘union shop’’ agreements cannot be invalidated by any state law.

Justice Concurring: Frankfurter (separately).

588. Walker v. Hutchinson City, 352 U.S. 112 (1956).

Kansas statutes permitted condemnation proceedings for the taking of private property for public use to be instituted by notice either

in writing or by publication in an official city paper.

Where the commissioners, appointed to determine compensation

in condemnation of appellant’s land for public use, gave no notice of

a hearing except by publication in the official city newspaper, though

appellant was a resident of Kansas and his name was known to the

city and on its official records, and there was no reason why direct

notice could not be given, the newspaper publication alone did not

measure up to the quality of notice the due process clause of the

Fourteenth Amendment requires as a prerequisite to this type of proceeding.

Justices Concurring: Warren, C.J., Black, Reed, Douglas, Clark, Harlan.

Justices Dissenting: Frankfurter, Burton.

589. Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956).

Arkansas statute licensing contractors cannot be applied to a federal contractor operating pursuant to an award issued pursuant to

the Armed Services Procurement Act of 1947. The state statute, being

in conflict with the federal law, cannot validly be enforced.

590. Butler v. Michigan, 352 U.S. 380 (1957).

The Michigan Penal Code proscribed the sale to the general reading public of any book containing obscene language ‘‘tending to the

corruption of the morals of youth.’’ When invoked to convict a proprietor who sold a book having such a potential effect on youth to an

adult police officer, the statute violated the due process clause of the

Fourteenth Amendment. Thus enforced, the statute would permit the

adult population of Michigan to read only what is fit for children.
STATE ACTS HELD UNCONSTITUTIONAL 2141

591. Gayle v. Browder, 352 U.S. 903 (1956).

Alabama statutes and Montgomery City ordinances which required segregation of ‘‘white’’ and ‘‘colored’’ races on motor buses in

the City were violative of the equal protection clause of the Fourteenth Amendment.

592. Guss v. Utah Labor Bd., 353 U.S. 1 (1957).

By vesting in the NLRB jurisdiction over labor relations affecting

interstate commerce, Congress has completely displaced state legislative power to deal with such matters. When the Board declines to exercise its jurisdiction and has not ceded jurisdiction to a state labor

relations agency pursuant to § 10(a) of the National Labor Relations

Act, a state labor relations board, acting pursuant to state enactment,

is precluded by the national supremacy clause from exercising jurisdiction over a labor dispute involving an employer engaged in interstate commerce.

Justices Concurring: Warren, C.J., Black, Frankfurter, Douglas, Harlan, Brennan.

Justices Dissenting: Burton, Clark.

593. Morey v. Doud, 354 U.S. 457 (1957).

Illinois Community Currency Exchange Act exempted money orders of the American Express Company from the requirements that

any firm selling or issuing money orders in the State must secure a

license and submit to State regulation.

Application of the Act to appellees denies them the equal protection of the laws guaranteed by the Fourteenth Amendment. Although

the equal protection clause does not require that every state regulation apply to all in the same business, a statutory discrimination

must be based on differences that are reasonably related to the purposes of the statute. The effect of the discrimination was to create a

closed class by singling out American Express money orders for exemption and thereby to afford that company important economic and

competitive advantages over the appellees.

Justices Concurring: Warren, C.J., Douglas, Burton, Clark, Brennan, Whittaker.

Justices Dissenting: Black, Frankfurter, Harlan.

594. Public Util. Comm’n v. United States, 355 U.S. 534 (1958).

A California statute making contingent upon prior approval by its

Public Utilities Commission of the Federal Government’s practice,

sanctioned by federal law, of negotiating special rates with carriers

for the transportation of federal property in California is unconstitutional by reason of conflict with the national supremacy clause.

Justices Concurring: Black, Frankfurter, Douglas, Clark, Brennan, Whittaker.

Justices Dissenting: Warren, C.J., Burton, Harlan.
2142 STATE ACTS HELD UNCONSTITUTIONAL

595. Eskridge v. Washington Prison Bd., 357 U.S. 214 (1958).

A Washington state law authorizes furnishing a stenographic

transcript of trial proceedings to an indigent defendant in conjunction

with his appeal of a conviction whenever, in the trial judge’s opinion,

‘‘justice thereby will be promoted.’’ Denial of a free transcript to the

defendant, sustained by the state appellate court, as well as refusal

of a petition for habeas corpus based on such denial, deprived the defendant of rights guaranteed by the Fourteenth Amendment.

Justices Concurring: Warren, C.J., Douglas, Clark, Black, Burton, Brennan.

Justices Dissenting: Harlan, Whittaker.

596. Speiser v. Randall, 357 U.S. 513 (1958).

The California statutory provisions exacting as a prerequisite for

property tax exemption that applicants therefor swear that they do

not advocate the forcible overthrow of federal or state governments or

the support of a foreign government against the United States during

hostilities are unconstitutional insofar as they are enforced by procedures placing upon the taxpayer the burden of proving that he is not

guilty of advocating that which is forbidden. Such procedures deprive

the taxpayer of freedom of speech without the procedural safeguards

required by the due process clause of the Fourteenth Amendment.

Justices Concurring: Black, Frankfurter, Douglas, Burton, Harlan, Brennan,

Whittaker.

Justice Dissenting: Clark.

First Unitarian Church v. Los Angeles, 357 U.S. 545 (1958).

Solely because of their refusal to subscribe oaths that they do not

advocate the forcible overthrow of government, or support of a foreign

government against the United States during hostilities, petitioners

were denied tax exemptions authorized by the California constitution

and statutes. Enforcement of the oath requirement through statutory

procedures which place upon taxpayers the burden of proving

nonadvocacy violates the due process clause of the Fourteenth

Amendment.

Justices Concurring: Black, Frankfurter, Douglas, Burton, Harlan, Brennan,

Whittaker.

Justice Dissenting: Clark.

597. Teamsters Union v. Oliver, 358 U.S. 283 (1959).

An Ohio antitrust law cannot be invoked to prohibit enforcement

of a collective bargaining agreement between a group of interstate

motor carriers and local labor unions, which agreement stipulates

that truck drivers owning and driving their own vehicles shall be paid

the prescribed wages plus at least a prescribed minimum rental for

the use of their vehicles. The state antitrust law, insofar as it is applied to prevent contracting parties from enforcing agreement upon a
STATE ACTS HELD UNCONSTITUTIONAL 2143

subject matter as to which the National Labor Relations Act directs

them to bargain, is invalid.

Justices Concurring: Black, Douglas, Clark, Harlan, Brennan.

Justice Dissenting: Whittaker.

598. Bibb v. Navajo Freight Lines, 359 U.S. 520 (1959).

Illinois statute which requires trucks and trailers operating on

state highways to be equipped with specified type of rear fender mudguard, which is different from those permitted in at least 45 other

States, and which would seriously interfere with ‘‘interline operations’’ of motor carriers cannot validly be applied to interstate motor

carriers certified by the Interstate Commerce Commission for the reason that interstate commerce is unreasonably burdened thereby.

Justices Concurring: Harlan (separately), Stewart (separately).

599. San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959).

The failure of the NLRB to assume jurisdiction does not leave

California free to apply its laws defining torts and regulating labor

relations for purposes of awarding damages to an employer for economic injuries resulting from the picketing of his plant by labor

unions not selected by his employees as their bargaining agent. Since

the employer is engaged in interstate commerce, California laws cannot be applied to matters falling within compass of the National

Labor Relations Act.

Justices Concurring: Harlan, Clark, Whittaker, Stewart (separately).

600. Accord: DeVries v. Baumgartner’s Electric Co., 359 U.S. 498 (1959), as

to a South Dakota law.

Justices Concurring: Frankfurter, Brennan, Warren, C.J., Black, Douglas.

Justices Dissenting: Clark, Harlan, Whittaker, Stewart.
2144 STATE ACTS HELD UNCONSTITUTIONAL

601. Accord: Superior Court v. Washington ex rel. Yellow Cab, 361 U.S. 373

(1960), as to a Washington law.

602. Accord: Bogle v. Jakes Foundry Co., 362 U.S. 401 (1960), as to a Tennessee law.

603. Accord: McMahon v. Milam Mfg. Co., 368 U.S. 7 (1961), as to a Mississippi law.

604. Accord: Marine Engineers v. Interlake Co., 370 U.S. 173 (1962), as to

a Minnesota law.

605. Accord: Waxman v. Virginia, 371 U.S. 4 (1962), as to a Virginia law

prohibiting picketing by non-employees.

606. Accord: Construction Laborers v. Curry, 371 U.S. 542 (1963), involving

enjoinder of picketing as violative of Georgia right-to-work law.

Justice Concurring: Harlan (separately).

607. Accord: Journeymen & Plumbers’ Union v. Borden, 373 U.S. 690 (1962),

as to a Texas law.

Justices Concurring: Harlan, Warren, C.J., Brennan, Black, Stewart, White.

Justices Dissenting: Douglas, Clark.

608. Accord: Iron Workers v. Perko, 373 U.S. 701 (1963), as to an Ohio law.

Justices Concurring: Harlan, Warren, C.J., White, Brennan, Stewart, Black.

Justices Dissenting: Douglas, Clark.

609. State Athletic Comm’n v. Dorsey, 359 U.S. 533 (1959).

Louisiana statute prohibiting athletic contests between Negroes

and white persons was violative of the equal protection clause of the

Fourteenth Amendment.

610. Kingsley Pictures Corp. v. Regents, 360 U.S. 684 (1959).

As construed and applied, the New York Education Law which

requires denial of a license to show a motion picture ‘‘presenting adultery as being right and desirable for certain people under certain circumstances’’ is unconstitutional. Refusal thereunder of a license to

show a motion picture found to portray adultery alluringly as proper

behavior violates the freedom to advocate ideas guaranteed by the

First Amendment and protected by the Fourteenth Amendment from

infringement by the States.

Justices Concurring: Black (separately), Frankfurter (separately), Douglas

(separately), Clark (separately), Harlan (separately).

611. Faubus v. Aaron, 361 U.S. 197 (1959).

Arkansas statutes which empowered the Governor to close the

public schools and to hold an election as to whether or not the schools

were to be integrated as well as to withhold public moneys, hitherto
STATE ACTS HELD UNCONSTITUTIONAL 2145

allocated to such schools, on the occasion of their closing and to make

such funds available to other public schools or nonprofit private

schools to which pupils from a closed school might transfer were violative of the due process and equal protection clauses of the Fourteenth Amendment.

612. Phillips Co. v. Dumas School Dist., 361 U.S. 376 (1960).

As applied to the United States and its lessee, a Texas statute

which levied a tax on any portion of federally owned land and improvements used and occupied by a firm in its private capacity or in

the conduct of a business enterprise discriminated against the Federal Government unconstitutionally contrary to Art. VI, cl. 2. This

discrimination resulted from the fact that art. 7173 of the Texas Revised Civil Statutes imposed a distinctly lesser burden on similarly

situated lessees of exempt property owned by Texas and its subdivisions. Under art. 7173 the measure of the tax was not the full value

of the leased premises, as under art. 5248, but only the price the taxable leasehold would bring at a sale. Also, art. 7153 imposed no tax

on a lessee whose lease is for a term of less than three years. In addition, under art. 7173, a lease for three years or longer, but subject,

as was the appellant’s lease with the United States, to terminate at

the lessor’s option, was not a lease for a term of three years or more.

Justices Concurring: Brennan, Clark, Black, Douglas, Stewart, Warren, C.J.,

Whittaker, Harlan, Frankfurter (separately).

613. Rohr Aircraft Corp. v. San Diego County, 362 U.S. 628 (1960).

Property taxes assessed under California law could not be levied

on real estate owned by the Reconstruction Finance Corporation after

the latter had declared the property to be surplus and surrendered it

to the War Assets Administration for disposal; this exemption arose

even before execution of a quitclaim deed transferring title from the

RFC to the United States and even though a property had been

leased to a private lessee in the name of both the RFC and the United

States.

Justices Concurring: Clark, Warren, C.J., Harlan, Stewart, Frankfurter, Brennan, Whittaker.

Justices Dissenting: Douglas, Black.

614. Gomillion v. Lightfoot, 364 U.S. 339 (1960).

Alabama statute which altered the boundaries of the City of

Tuskegee in such manner as to eliminate all but four or five of its

400 African American voters without eliminating any white voter was

violative of the Fifteenth Amendment.

Justice Concurring: Whittaker (separately).
2146 STATE ACTS HELD UNCONSTITUTIONAL

615. Boynton v. Virginia, 364 U.S. 454 (1960).

Virginia statute making it a misdemeanor for any person to remain on premises of another after having been forbidden to do so

could not be enforced against a Negro for refusing to leave the section

reserved for white people in a restaurant in a bus terminal by reason

of conflict with provision of Interstate Commerce Act forbidding interstate motor vehicle bus carriers from subjecting persons to unjust discrimination.

Justices Concurring: Black, Douglas, Warren, C.J., Brennan, Stewart, Frankfurter, Harlan.

Justices Dissenting: Whittaker, Clark.

616. Shelton v. Tucker, 364 U.S. 479 (1960).

Arkansas statute which required every school teacher, as a condition of employment in state-supported schools and colleges, to file an

affidavit listing every organization to which he had belonged or contributed within the preceding five years deprived teachers of

associational freedom guaranteed by the due process clause of the

Fourteenth Amendment.

Justices Concurring: Stewart, Warren, C.J., Brennan, Douglas, Black.

Justices Dissenting: Frankfurter, Clark, Harlan, Whittaker.

617. Bush v. Orleans Parish School Bd., 364 U.S. 500 (1961).

Louisiana interposition statute which averred that the decision in

the school segregation case (Brown v. Board of Education, 347 U.S.

483 (1954)) constituted usurpation of state power and which interposed the sovereignty of the State against enforcement of that decision did not assert ‘‘a constitutional doctrine,’’ and if taken seriously,

it is legal defiance of constitutional authority.

618. Orleans Parish School Bd. v. Bush, 365 U.S. 569 (1961).

Louisiana statutes which (1) provided for segregation of races in

public schools and the withholding of funds from integrated schools;

(2) conferred on the Governor the right to close all schools upon the

integration of any one of them; and (3) directed the Governor to supersede a school board under a court order to desegregate and take

over management of public schools were unconstitutional and denial

of equal protection of the laws.

619. Ferguson v. Georgia, 365 U.S. 570 (1961).

When, by reason of a Georgia law which granted defendant in a

criminal trial the right to make an unsworn statement to the jury

without subjecting himself to cross-examination, defendant’s counsel

was denied the right to ask him any question when he took the stand

to make his unsworn statement, such application of the Georgia law

deprived the defendant of the effective assistance of counsel without

due process of law.
STATE ACTS HELD UNCONSTITUTIONAL 2147

Justices Concurring: Frankfurter (separately), Clark (separately).

620. Louisiana v. NAACP ex rel. Gremillion, 366 U.S. 293 (1961).

Louisiana statute which prohibited any ‘‘non-trading’’ association

from doing business in Louisiana if it is affiliated with any ‘‘foreign

or out of state non-trading’’ association, any of the officers or directors

of which are members of subversive organizations as cited by a House

committee or by the United States Attorney General, and which required every non-trading association with an out of state affiliate to

file annually an affidavit that none of the officers of the affiliate is

a member of such organizations was void for vagueness and violative

of due process.

Justices Concurring: Harlan (separately), Stewart (separately), Frankfurter

(separately), Clark (separately).

621. United States v. Oregon, 366 U.S. 643 (1961).

Oregon escheat law could not be applied to support claim of State

to property of a resident who died without a will or heirs in a Veterans’ Hospital in Oregon; the United States has asserted title thereto

under a superseding federal law.

Justices Concurring: Black, Warren, C.J., Brennan, Stewart, Frankfurter,

Harlan, Clark.

Justices Dissenting: Douglas, Whittaker.

622. United States v. Shimer, 367 U.S. 374 (1961).

Pennsylvania Deficiency Judgment Act had been displaced by applicable provisions of the Federal Servicemen’s Readjustment Act of

1944, and regulations issued thereunder, and could not be invoked to

bar suit by the Veterans’ Administration against a veteran to recover

the indemnity for a defaulted home loan which it had guaranteed and

which had been foreclosed by the lender.

Justices Concurring: Harlan, Brennan, Stewart, Warren, C.J., Clark, Whittaker, Frankfurter.

Justices Dissenting: Black, Douglas.

623. Torcaso v. Watkins, 367 U.S. 488 (1961).

Maryland constitutional provision under which an appointed notary public who would not declare his belief in God was denied his

commission imposed an invalid test for public office violative of freedom of belief and religion as guaranteed by the due process clause of

the Fourteenth Amendment.

Justices Concurring: Frankfurter (separately), Harlan (separately).

624. Marcus v. Search Warrant, 367 U.S. 717 (1961).

Missouri statutory procedure which enabled a city policy officer,

in an ex parte proceeding, to obtain from a trial judge search warrants authorizing seizure of all ‘‘obscene’’ material possessed by
2148 STATE ACTS HELD UNCONSTITUTIONAL

wholesale and retail distributors without granting the latter a hearing or even seeing any of such materials in question and without

specifying any particular publications, sanctioned search and seizure

tactics violative of due process.

Justices Concurring: Black (separately), Douglas (separately).

625. Tugwell v. Bush, 367 U.S. 907 (1961).

Louisiana statute which punished the giving to or acceptance by

any parent of anything of value as an inducement to sending his child

to a school operated in violation of Louisiana law was void for vagueness and was designed to scuttle a desegregation program.

626. Legislature of Louisiana v. United States, 367 U.S. 908 (1961).

Louisiana statutes which purported to remove New Orleans

school board and replace it with a new group appointed by the legislature, which deprived the board of its attorney and substituted the

Louisiana Attorney General, and a resolution addressing out of office

the school superintendent chosen by the board, were unconstitutional

and violative of the equal protection clause of the Fourteenth Amendment.

627. Federal Land Bank v. Kiowa County, 368 U.S. 146 (1961).

Kansas statute which declared that oil and gas leases and the

royalties derived therefrom were taxable as personal property could

not be applied so as to subject to local taxation an oil and gas lease

and income therefrom derived by a Federal Land Bank from property

acquired in satisfaction of a debt; under supervening federal law such

Land Banks were exempted from all ‘‘except taxes on real estate.’’

Justice Concurring: Black (separately).

628. Cramp v. Board of Pub. Instruction, 368 U.S. 278 (1961).

Florida statute which required state and local public employees

to swear that they had never lent their ‘‘aid, support, advice, counsel,

or influence to the Communist Party,’’ and which subjected them to

discharge for refusal was void for vagueness and violative of due process.

Justices Concurring: Black (separately), Douglas (separately).

629. United States v. Union Central Life Ins. Co., 368 U.S. 291 (1961).

Michigan law regulating the manner in which a federal tax lien

must be recorded was in conflict with applicable provisions of the Internal Revenue Code and therefore was ineffective for purposes of

withholding priority to the Government’s lien.

Justices Concurring: Black, Frankfurter, Brennan, Warren, C.J., Clark, Stewart, Whittaker, Harlan.

Justice Dissenting: Douglas.
STATE ACTS HELD UNCONSTITUTIONAL 2149

630. Campbell v. Hussey, 368 U.S. 297 (1961).

Congress having preempted the field by enactment of the Federal

Tobacco Inspection Act pertaining to the establishment of uniform

standards for classification of tobacco, a Georgia law which required

Type 14 tobacco grown in Georgia to be identified with a white tag

could not be enforced.

Justices Concurring: Douglas, Whittaker (separately), Warren, C.J., Brennan,

Stewart, Clark.

Justices Dissenting: Black, Frankfurter, Harlan.

631. St. Helena Parish School Bd. v. Hall, 368 U.S. 515 (1962).

Louisiana statute which authorized the school board of a municipally operated school system to close the schools upon a vote of the

electors and which provided that the board might then lease or sell

any school building, but which subjected to extensive state control

and financial aid the private schools which might acquire such buildings was violative of the equal protection of the laws in that it was

intended to continue segregation in schools.

632. Bailey v. Patterson, 369 U.S. 31 (1962).

Mississippi statutes which required racial segregation at interstate and intrastate transportation facilities denied equal protection

of the law.

633. Turner v. City of Memphis, 369 U.S. 350 (1962).

Tennessee statute, and administrative regulation issued under

the authority thereof, insofar as they sanctioned racial segregation in

a private restaurant operated on premises leased from a city at its

municipal airport denied equal protection of the law.

634. Free v. Bland, 369 U.S. 663 (1962).

By virtue of the supremacy clause of the Constitution, Treasury

regulations creating a right of survivorship in United States Savings

Bonds preempted appplication of any conflicting provisions of Texas

Community Property Law which prohibited a married couple from

taking advantage of such survivorship regulations whenever the purchase price of said bonds was paid out of community property.

635. State Bd. of Ins. v. Todd Shipyards, 370 U.S. 451 (1962).

Texas law imposing a premium tax on insured parties who purchased insurance from insurers not licensed to sell insurance in Texas

could not be collected, consistently with the Federal McCarran-Ferguson Act, on insurance contracts purchased in New York from a London insurer by the terms of which premiums thereon and claims

thereunder were payable in New York.

Justices Concurring: Douglas, Brennan, Warren, C.J., Stewart, Harlan, Clark.

Justice Dissenting: Black.
2150 STATE ACTS HELD UNCONSTITUTIONAL

636. Central R.R. v. Pennsylvania, 370 U.S. 607 (1962).

Pennsylvania law which levied a capital stock tax, in the nature

of a property tax, could not be collected on that portion of a railroad’s

cars (158 out of 3074) which represented the daily average of its cars

located on a New Jersey railroad’s lines during a taxable year; as to

the latter portion of its cars the tax was violative of the commerce

clause and the due process clause.

Justice Concurring: Black (separately).

637. Robinson v. California, 370 U.S. 660 (1962).

California statute which, as construed, made the ‘‘status’’ of narcotics addiction a criminal offense, even though the accused had never

used narcotics in California and had not been guilty of antisocial behavior in California, was void as inflicting cruel and unjust punishment proscribed by the due process clause of the Fourteenth Amendment.

Justices Concurring: Stewart, Warren, C.J., Brennan, Douglas (separately),

Harlan (separately), Black.

Justices Dissenting: Clark, White.

638. Lassiter v. United States, 371 U.S. 10 (1962).

Louisiana laws which segregated passengers in terminal facilities

of common carriers were unconstitutional by reason of conflict with

federal law and the equal protection clause.

639. United States v. Buffalo Savings Bank, 371 U.S. 228 (1963).

New York law which provided that payments out of proceeds of

a foreclosure of property to discharge state tax liens should be

deemed ‘‘expenses’’ of the mortgage foreclosure sale was ineffective to

defeat priority accorded by federal law to federal tax liens antedating

liens for state and local real property taxes and assessments.

Justices Concurring: Warren, C.J., Black, Brennan, Stewart, Goldberg, Harlan, Clark, White.

Justice Dissenting: Douglas.

640. Paul v. United States, 371 U.S. 245 (1963).

California statute which authorized the fixing of minimum wholesale and retail prices for milk could not be enforced as to purchases

of milk for strictly military consumption (mess-hall) or for resale at

commissaries at federal military installations in California; conflicting

federal statutes and regulations governing procurement with appropriated funds of goods for the Armed Forces required competitive bidding or negotiation reflecting active competition which would be nullified by minimum prices determined by factors not specified in federal law.

Justices Concurring: Douglas, Black, Warren, C.J., White, Brennan, Clark.
STATE ACTS HELD UNCONSTITUTIONAL 2151

Justices Dissenting: Stewart, Harlan, Goldberg.

641. NAACP v. Button, 371 U.S. 415 (1963).

Virginia law which expanded malpractice by attorneys to include

acceptance of employment or compensation from any person or organization not a party to a judicial proceeding and having no pecuniary

right or liability in it and which made it an offense for such person

or organization to solicit business for an attorney was violative of

freedom of expression and association, as guaranteed by the due process clause of the Fourteenth Amendment when enforced against a corporation, including its attorneys and litigants, whose major purpose

is the elimination of racial segregation through litigation which it solicits, institutes, and finances.

Justices Concurring: Brennan, Warren, C.J., Goldberg, Douglas (separately),

Black.

Justices Dissenting: White (in part), Harlan, Clark, Stewart.

642. Gideon v. Wainwright, 372 U.S. 335 (1963).

Florida statutory provision which did not accord indigent defendants the protection of court appointed counsel in noncapital felony offenses deprived such defendants of due process of law.

Justices Concurring: Douglas (separately), Clark (separately), Harlan (separately).

643. Gray v. Sanders, 372 U.S. 368 (1963).

Georgia county unit system for nominating candidates in primaries for state-wide offices, including United States Senators, as set

forth in statutory provisions, violated the principle of ‘‘one-person, one

vote’’ as required by the equal protection clause of the Fourteenth

Amendment.

Justices Concurring: Douglas, Stewart (separately), Clark (separately), Warren, C.J., Brennan, White, Goldberg, Black.

Justice Dissenting: Harlan.

644. Lane v. Brown, 372 U.S. 477 (1963).

Indiana Public Defender Act, insofar as it empowered the Public

Defender to refuse to perfect an appeal for an indigent defendant

whenever the former believed such an appeal would be unsuccessful

and which, independently of such intervention by the Defender, afforded such defendant no alternative means of obtaining a transcript

of a coram nobis hearing requisite to perfect an appeal from a trial

court’s denial of a writ of error coram nobis, effected a discriminatory

denial of a privilege available as of right to a defendant with the requisite funds and was violative of the equal protection clause of the

Fourteenth Amendment.

Justices Concurring: Harlan (separately), Clark (separately).
2152 STATE ACTS HELD UNCONSTITUTIONAL

645. Michigan Nat’l Bank v. Robertson, 372 U.S. 591 (1963).

Suability of an out-of-state national bank in courts of Nebraska

is determined by applicable provisions of the federal banking laws

and not by recourse to Nebraska statute defining the venue of local

actions involving liability under the Nebraska Installment Loan Act.

Justices Concurring: Black (separately), Douglas (separately).

646. Accord: Mercantile Nat’l Bank v. Langdeau, 371 U.S. 555 (1963), as to

venue in Texas.

Justices Concurring: White, Stewart, Brennan, Warren, C.J., Goldberg.

Justices Dissenting: Harlan, Douglas, Black.

647. Halliburton Oil Well Co. v. Reily, 373 U.S. 64 (1963).

Louisiana use tax, as herein enforced, effected an invalid discrimination against interstate commerce in that the isolated purchase

of an item of used equipment in Louisiana was not subject to its sales

tax whereas an Oklahoma contractor was subjected to the Louisiana

use tax on an item of used equipment employed in servicing wells in

Louisiana which had been acquired in Oklahoma; and further that

the Louisiana sales or use tax was computed on the cost of components purchased in Louisiana or purchased out of state for assembly

and use in Louisiana whereas here the contractor paid a use tax on

equipment assembled in Oklahoma which reflected not only the purchase price of the components but also the cost of labor and shop

overhead incurred in assembling the components into a usable item

of equipment.

Justices Concurring: Warren, C.J., Douglas, Goldberg, Stewart, White, Harlan,

Brennan (separately).

Justices Dissenting: Clark, Black.

648. Willner v. Committee on Character, 373 U.S. 96 (1963).

New York statutory procedure governing admission to practice

law, insofar as it failed to make provision, in cases of denial of admission, for a hearing on the grounds for rejection to be accorded the applicant, either before the Committee on Character on Fitness established by the Appellate Division of its Supreme Court, or before the

Appellate Division itself was defective and amounted to a denial of

due process.

Justices Concurring: Douglas, Black, White, Warren, C.J., Goldberg, Brennan,

Stewart (separately).

Justices Dissenting: Harlan, Clark.

649. Peterson v. City of Greenville, 373 U.S. 244 (1963).

When a city ordinance required separation of the races in restaurants, South Carolina trespass statute, when enforced against African Americans who refused to leave a lunch counter in a retail

store, amounted to a denial of equal protection of the laws.
STATE ACTS HELD UNCONSTITUTIONAL 2153

Justice Concurring: Harlan (separately).

650. Accord: Gober v. City of Birmingham, 373 U.S. 374 (1963), as to an Alabama law on trespass.

Justices Concurring: Warren, C.J., Black, Douglas, Goldberg, White, Clark,

Brennan, Stewart.

Justice Dissenting: Harlan.

651. Lombard v. Louisiana, 373 U.S. 267 (1963).

When local community policy, as administered by municipal law

enforcement officers, proscribed ‘‘sit-in demonstrations’’ protesting refusal of store proprietors to serve African Americans at lunch

counters reserved for white patrons, the Louisiana Criminal Mischief

Statute could not be invoked, without violation of the equal protection

clause of the Fourteenth Amendment, to punish African Americans

who engaged in such demonstrations.

Justices Concurring: Warren, C.J., Douglas (separately), Black, Brennan,

White, Stewart, Goldberg, Clark.

Justice Dissenting: Harlan.

652. Wright v. Georgia, 373 U.S. 284 (1963).

Georgia unlawful assemblies act which rendered persons open to

conviction for a breach of the peace upon their refusal to disperse

upon command of police officers was void for vagueness and violative

of due process in that it did not give adequate warning to African

Americans that peaceable playing of basketball in a municipal park

would expose them to prosecution for violation of said statute.

Justice Concurring: Harlan (separately).

653. Sperry v. Florida ex rel. Florida Bar, 373 U.S. 379 (1963).

Florida law regulating admission to the Bar could not be enforced, consistently with the principle of national supremacy, to prevent one, admitted to practice before the United States Patent Office

as a Patent Attorney, from serving clients in the latter capacity in

Florida.

654. Bus Employees v. Missouri, 374 U.S. 74 (1963).

Missouri King-Thompson Act, which authorized the governor to

seize and operate a public utility when the public welfare was jeopardized by a strike threat, was violative of 29 U.S.C. § 157 of the National Labor Relations Act defining the rights of employees as to collective bargaining and, consistently with national supremacy, could

not be enforced.

655. Abington School Dist. v. Schempp, 374 U.S. 203 (1963).

Pennsylvania law which required the reading, without comment,

of verses from the Holy Bible at the opening of each public school day

was violative of the prohibition against the enactment of any law re-
2154 STATE ACTS HELD UNCONSTITUTIONAL

specting an establishment of religion as embraced within the due

process clause of the Fourteenth Amendment.

Justices Concurring: Clark, Douglas (separately), Brennan (separately), Goldberg (separately), Harlan (concurs with latter), Warren, C.J., White, Black.

Justice Dissenting: Stewart.

656. Sherbert v. Verner, 374 U.S. 398 (1963).

South Carolina Unemployment Compensation Act, which withheld benefits and deemed ineligible for the receipt thereof a person

who has failed without good cause to accept available work when offered to him, if construed as barring a Seventh-Day Adventist from

relief because of religious scruples against working on Saturday,

abridged the latter’s right to the free exercise of religion contrary to

the due process clause of the Fourteenth Amendment.

Justices Concurring: Brennan, Clark, Warren, C.J., Goldberg, Black, Douglas,

Stewart (separately).

Justices Dissenting: Harlan, White.

657. Polar Ice Cream & Creamery Co. v. Andrews, 375 U.S. 361 (1964).

Florida statute and regulations implementing it which required

milk distributor to purchase its total supply of fluid milk from area

producers at a fixed price and to take all milk which these producers

offered was invalid under the commerce clause since they interfered

with distributor’s purchases of milk from out-of-state producers.

658. Anderson v. Martin, 375 U.S. 399 (1964).

Louisiana statute requiring that in all primary, general, or special elections, the nomination papers and ballots shall designate the

race of the candidates violated the equal protection clause.

659. Wesberry v. Sanders, 376 U.S. 1 (1964).

Georgia statute establishing congressional districts of grossly unequal populations violates Article I, § 2, of the Constitution.

Concurring: Justices Black, Douglas, Brennan, White, Goldberg, and Chief

Justice Warren.

Concurring in part and dissenting in part: Justice Clark.

Dissenting: Justices Harlan and Stewart.

660. Accord: Martin v. Bush, 376 U.S. 222 (1964).

Texas statute establishing congressional districts of grossly unequal populations unconstitutional on authority of Wesberry v. Sanders, 376 U.S. 1 (1964).

Same division of Justices as in Wesberry.

661. City of New Orleans v. Barthe, 376 U.S. 189 (1964).

District court decision holding unconstitutional Louisiana statute

requiring segregation of races in public facilities is affirmed.
STATE ACTS HELD UNCONSTITUTIONAL 2155

662. Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225 (1964).

Illinois unfair competition law cannot be applied to bar or penalize the copying of a product which does not qualify for a federal patent inasmuch as this use of the state law conflicts with the exclusive

power of the Federal Government to grant patents only to true inventions and then only for a limited time.

663. Baggett v. Bullitt, 377 U.S. 360 (1964).

Washington statutes requiring state employees to swear that they

are not subversive persons and requiring teachers to swear to promote by precept and example respect for flag and institutions of United States and Washington, reverence for law and order, and undivided allegiance to Federal Government are void for vagueness.

Concurring: Justices White, Black, Douglas, Brennan, Stewart, Goldberg, and

Chief Justice Warren.

Dissenting: Justices Clark and Harlan.

664. Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324 (1964).

New York law regulating sale of alcoholic beverages could not

constitutionally be applied to dealer who sold bottled wines and liquors to departing international airline travelers at JFK airport in

New York.

Concurring: Justices Stewart, Douglas, Clark, White, and Chief Justice Warren.

Dissenting: Justices Black and Goldberg.

665. Accord: Department of Alcoholic Beverage Control v. Ammex Warehouse

Co., 378 U.S. 124 (1964).

State court voiding of state law affirmed on authority of Hostetter.

Same division of Justices.

666. Department of Revenue v. James B. Beam Distilling Co., 377 U.S. 341

(1964).

Kentucky statute providing for a tax of ten cents per gallon on

the importation of whiskey into the State, which was collected while

the whiskey was in unbroken packages in importer’s possession was

unconstitutionally applied to the importer of Scotch whiskey from

abroad under Art. I, § 10, cl. 2.

Concurring: Justices Stewart, Douglas, Clark, White, and Chief Justice Warren.

Dissenting: Justices Black and Goldberg.

667. Chamberlin v. Dade County Bd. of Public Instruction, 377 U.S. 402

(1964).

Florida statute providing for prayer and devotional reading in

public schools is unconstitutional.
2156 STATE ACTS HELD UNCONSTITUTIONAL

668. Reynolds v. Sims, 377 U.S. 533 (1964).

Alabama constitutional and statutory provisions which do not apportion seats in both houses of legislature on a population basis violated the equal protection clause.

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

Goldberg, and White.

Concurring specially: Justices Clark and Stewart.

Dissenting: Justice Harlan.

669. Accord: WMCA, Inc. v. Lomenzo, 377 U.S. 633 (1964).

New York constitutional and statutory provisions which do not

apportion seats in both houses of legislature on population basis is

unconstitutional.

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

Goldberg, and White.

Concurring specially: Justice Clark.

Dissenting: Justices Harlan and Stewart.

670. Accord: Maryland Comm. for Fair Representation v. Tawes, 377 U.S.

656 (1964).

Division of Justices as in 669.

671. Accord: Davis v. Mann, 377 U.S. 678 (1964). Virginia.

Division of Justices as in 669.

672. Accord: Roman v. Sincock, 377 U.S. 695 (1964). Delaware.

Division of Justices as in 669, except Justice Stewart concurring specially.

673. Accord: Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S.

713 (1964).

Apportionment formula written into state constitution invalid

under equal protection clause even though approved by electorate in

referendum.

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

Goldberg, and White.

Dissenting: Justices Clark, Harlan, and Stewart.

674. Accord: Meyers v. Thigpen, 378 U.S. 554 (1964). Washington Legislature.

Division of Justices as in 669, except Justice Stewart favored limited remand.

675. Accord: Williams v. Moss, 378 U.S. 558 (1964). Oklahoma Legislature.

Division of Justices as in 668.

676. Accord: Pinney v. Butterworth, 378 U.S. 564 (1964). Connecticut Legislature.

Division of Justices as in 668.
STATE ACTS HELD UNCONSTITUTIONAL 2157

677. Accord: Hill v. Davis, 378 U.S. 565 (1964). Iowa Legislature.

Division of Justices as in 668.

678. A Quantity of Copies of Books v. Kansas, 378 U.S. 205 (1964).

Statute authorizing issuance of ex parte warrant for seizure of allegedly obscene materials prior to a hearing on the issue of obscenity

is invalid under First and Fourteenth Amendments.

Concurring: Justices Brennan, White, and Goldberg, and Chief Justice Warren.

Concurring specially: Justices Black and Douglas; Stewart.

Dissenting: Justices Harlan and Clark.

679. Tancil v. Woolls and Virginia Bd. of Elections v. Hamm, 379 U.S. 19

(1964).

District court decisions holding unconstitutional Virginia statutes

requiring notation of race in divorce decrees and separation by race

of names on registration, poll tax, and residence certificate lists, and

on assessment rolls are affirmed.

680. Garrison v. Louisiana, 379 U.S. 64 (1964).

Criminal Defamation Statute is unconstitutional as applied to

criticism of official conduct of public officials because it incorporates

standards of malice and truthfulness at variance with New York

Times v. Sullivan, 376 U.S. 254 (1964).

681. McLaughlin v. Florida, 379 U.S. 184 (1964)

Criminal statute prohibiting an unmarried interracial couple

from habitually living in and occupying the same room in the nighttime violates equal protection clause.

682. Stanford v. Texas, 379 U.S. 476 (1965).

Section of law providing for suppression of Communist Party

which authorizes issuance of search warrants for subversive books

and other materials is constitutionally defective because it does not

require a description with particularity of the things to be seized.

683. Cox v. Louisiana, 379 U.S. 536 (1965).

Breach of the peace statute is unconstitutionally vague.

684. Freedman v. Maryland, 380 U.S. 51 (1965).

Censorship statute requiring prior submission of films for review

is invalid in absence of procedural safeguards eliminating dangers of

censorship.

685. Carrington v. Rash, 380 U.S. 89 (1965).

Texas constitutional provision prohibiting any member of Armed

Forces who moves into the State from ever voting in Texas while a

member of the Armed Forces violates the equal protection clause.
2158 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Justices Stewart, Black, Douglas, Clark, Brennan, White, and

Goldberg.

Dissenting: Justice Harlan.

686. Louisiana v. United States, 380 U.S. 145 (1965).

Constitutional and statutory provisions requiring prospective voters to satisfy registrars of their ability to understand and give reasonable interpretation of any section of United States or Louisiana Constitutions violate Fourteenth and Fifteenth Amendments.

687. Reserve Life Ins. Co. v. Bowers, 380 U.S. 258 (1965).

Ohio statute imposing personal property tax upon furniture and

fixtures used by foreign insurance company in doing business in Ohio

but not imposing similar tax upon furniture and fixtures used by domestic insurance companies violates equal protection clause.

688. American Oil Co. v. Neill, 380 U.S. 451 (1965).

Idaho tax statute applied to levy an excise tax on licensed Idaho

motor fuel dealer’s sale and transfer of gasoline in Utah for importation into Idaho by purchaser violated due process clause of Fourteenth Amendment.

Concurring: Chief Justice Warren and Justices, Douglas, Clark, Harlan, Brennan, Stewart, White, and Goldberg.

Dissenting: Justice Black.

689. Dombrowski v. Pfister, 380 U.S. 479 (1965).

Louisiana Subversive Activities and Communist Control Law is

unconstitutional because of overbreadth of its coverage, violating First

Amendment, and because of its lack of procedural due process.

Concurring: Justices Brennan, Douglas, White, and Goldberg, and Chief Justice Warren.

Dissenting: Justices Harlan and Clark.

690. Harman v. Forssenius, 380 U.S. 528 (1965).

Virginia statute requiring voters in federal election who do not

qualify by paying poll tax to file a certificate of residence six months

in advance of election is contrary to Twenty-fourth Amendment which

absolutely abolished payment of poll tax as a qualification for voting

in federal elections.

691. Corbett v. Stergios, 381 U.S. 124 (1965).

Iowa reciprocal inheritance law conditioning right of nonresident

aliens to take Iowa real property by intestate succession upon existence of reciprocal right to United States citizens to take real property

upon same terms and conditions in alien’s country could not under

United States-Greece treaty and supremacy clause bar Greek national

from taking.
STATE ACTS HELD UNCONSTITUTIONAL 2159

692. Jordan v. Silver, 381 U.S. 415 (1965).

District court decision holding unconstitutional California constitutional provisions on apportionment of state senate is affirmed.

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

White, and Goldberg.

Dissenting: Justices Harlan, Clark, and Stewart.

693. Griswold v. Connecticut, 381 U.S. 479 (1965).

Statute making it a crime for any person to use any drug or article to prevent conception is unconstitutional invasion of privacy of

married couples.

Concurring: Justices Douglas and Clark.

Concurring specially: Justices Goldberg, Brennan, and Chief Justice Warren;

Justice Harlan, Justice White.

Dissenting: Justices Black and Stewart.

694. Giaccio v. Pennsylvania, 382 U.S. 399 (1966).

Statute permitting jurors to determine whether an acquitted defendant should pay the costs of the trial was void under the due process clause of the Fourteenth Amendment because of vagueness and

the absence of any standard that would prevent arbitrary imposition

of costs.

695. Baxstrom v. Herold, 383 U.S. 107 (1966).

New York statutory procedure for civil commitment of persons at

the expiration of a prison sentence without the jury review available

to all others civilly committed in New York and for commitment to

an institution maintained by the Department of Correction beyond

the expiration of their terms without a judicial determination of dangerous mental illness such as that afforded to all others violates the

equal protection clause.

696. Harper v. Virginia Bd. of Elections, 383 U.S. 663 (1966).

Constitutional provisions making payment of poll taxes a qualification of eligibility to vote violate equal protection clause.

Concurring: Justices Douglas, Clark, Brennan, White, Fortas, and Chief Justice Warren.

Dissenting: Justices Black, Harlan, and Stewart.

697. Accord: Texas v. United States, 384 U.S. 155 (1966).

698. Elfbrandt v. Russell, 384 U.S. 11 (1966).

Arizona loyalty oath is unconstitutionally overbroad and inclusive.

Concurring: Justices Douglas, Black, Brennan, Fortas, and Chief Justice Warren.

Dissenting: Justices White, Clark, Harlan, and Stewart.
2160 STATE ACTS HELD UNCONSTITUTIONAL

699. Mills v. Alabama, 384 U.S. 214 (1966).

Statute making it a criminal offense to electioneer or solicit votes

on election day as applied to newpaper editor who published editorial

on election day urging people to vote a certain way on a referendum

issue violated First and Fourteenth Amendments.

700. Rinaldi v. Yeager, 384 U.S. 305 (1966).

Statute requiring an unsuccessful appellant to repay the cost of

a transcript used in preparing his appeal out of his institutional earning when he is jailed but which does not apply to unsuccessful appellants given suspended sentences, placed on probation, or fined violates equal protection clause.

Concurring: Justices Stewart, Black, Douglas, Brennan, Clark, White, Fortas

and Chief Justice Warren.

Dissenting: Justice Harlan.

701. Alton v. Tawes, 384 U.S. 315 (1966).

District court decision holding unconstitutional congressional districting is affirmed.

702. Carr v. City of Altus, 385 U.S. 35 (1966).

District court decision holding unconstitutional Texas statute forbidding anyone to withdraw water from any underground sources in

State without authorization of legislature on a commerce clause basis

is affirmed.

703. Swann v. Adams, 385 U.S. 440 (1967).

Florida statute apportioning legislative seats falls short of required population equality.

Concurring: Justices White, Black, Douglas, Clark, Brennan, Fortas and Chief

Justice Warren.

Dissenting: Justices Harlan and Stewart.

704. Kirkpatrick v. Preisler, 385 U.S. 450 (1967).

Missouri congressional districts fail to achieve required population equality.

705. Short v. Ness Produce Co., 385 U.S. 537 (1967).

District court decision holding unconstitutional as violating commerce clause Oregon statute requiring sellers of imported meat to

label it with country of origin, post notices in their establishment that

it is being sold, and keep record of transactions involving it is affirmed.

706. Keyishian v. Board of Regents, 385 U.S. 589 (1967).

New York statute requiring removal of teachers for ‘‘treasonable

or seditious’’ utterances or acts is unconstitutionally vague since it apparently bans mere advocacy of abstract doctrine, and statute which
STATE ACTS HELD UNCONSTITUTIONAL 2161

makes Communist Party membership prima facie evidence of disqualification for teaching in public schools is unconstitutionally broad.

Concurring: Justices Brennan, Black, Douglas, Fortas and Chief Justice Warren.

Dissenting: Justices Clark, Harlan, Stewart, and White.

707. National Bellas Hess, Inc. v. Department of Revenue, 386 U.S. 753

(1967).

Commerce clause forbids application of use tax statute to a seller

whose only connection with customers in the State is by common carrier or by mail.

Concurring: Justices Stewart, Brennan, Harlan, Clark, White, and Chief Justice Warren.

Dissenting: Justices Fortas, Black, and Douglas.

708. Holding v. Blankenship, 387 U.S. 94 (1967).

Oklahoma obscenity statute empowering commission to investigate and to recommend prosecutions of offending parties is unconstitutional on authority of Bantam Books v. Sullivan, 372 U.S. 58

(1963).

709. Reitman v. Mulkey, 387 U.S. 369 (1967).

California constitutional provision adopted on referendum repealing ‘‘open housing’’ law and prohibiting state abridgement of realty

owner’s right to sell and lease, or to refuse to sell and lease, as he

pleases violates the equal protection clause.

Concurring: Justices White, Douglas, Brennan, Fortas, and Chief Justice Warren.

Dissenting: Justices Harlan, Black, Clark, and Stewart.

710. Berger v. New York, 388 U.S. 41 (1967).

Eavesdrop statute that does not require particularity with respect

to crime suspected and conversations sought, sufficiently limit period

of order’s effectiveness, terminate order once desired conversation is

overheard, or require notice or showing of exigent circumstances to

justify dispensing with notice, violates Fourth and Fourteenth

Amendments.

Concurring: Justices Clark, Douglas, Brennan, Fortas, and Chief Justice Warren.

Dissenting: Justices Black, Harlan, and White.

711. Loving v. Virginia, 388 U.S. 1 (1967).

Statute prohibiting interracial marriage violates equal protection

clause.
2162 STATE ACTS HELD UNCONSTITUTIONAL

712. Washington v. Texas, 388 U.S. 14 (1967).

Statute prohibiting persons charged as co-participants in the

same crime from testifying for one another violated Sixth and Fourteenth Amendments.

713. Whitehill v. Elkins, 389 U.S. 54 (1967).

Maryland loyalty oath is unconstitutionally vague when read

with surrounding authorization and supplementary statutes which infringe on rights of association.

Concurring: Justices Douglas, Black, Brennan, Fortas, Marshall, and Chief

Justice Warren.

Dissenting: Justices Harlan, Stewart, and White.

714. Lucas v. Rhodes, 389 U.S. 212 (1967).

Ohio congressional districting statute does not comport with

Wesberry v. Sanders, 376 U.S. 1 (1964).

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

White, and Fortas.

Dissenting: Justices Harlan and Stewart.

715. Nash v. Florida Industrial Comm’n, 389 U.S. 235 (1967).

Unemployment compensation law disqualifying for benefits any

person unemployed as a result of a labor dispute when applied to disqualify a person who has filed an unfair labor practice charge against

her employer because of her discharge conflicts with federal labor law

and is void under supremacy clause.

716. Rockefeller v. Wells, 389 U.S. 421 (1967).

District court decision holding unconstitutional New York’s congressional districting statute is affirmed.

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

Stewart, White, Fortas, and Marshall.

Dissenting: Justice Harlan.

717. Zschernig v. Miller, 389 U.S. 429 (1968).

Oregon statute which barred alien from taking personal property

intestate unless American citizens had reciprocal rights with alien’s

country, unless American citizens had right to receive payment within

United States from estates of decedents dying in that foreign country,

and unless Oregon courts were presented proof that alien heir would

receive benefit, use, and control of inheritance without confiscation,

was void as an intrusion by State into field of foreign affairs reserved

to Federal Government.

Concurring: Justices Douglas, Black, Brennan, Stewart, Fortas, and Chief Justice Warren.

Concurring specially: Justice Harlan.

Dissenting: Justice White.
STATE ACTS HELD UNCONSTITUTIONAL 2163

718. Dinis v. Volpe, 389 U.S. 570 (1968).

District court decision holding Massachusetts congressional districting statute unconstitutional is affirmed.

719. Louisiana Financial Assistance Comm’n v. Poindexter, 389 U.S. 571

(1968).

District court decision holding unconstitutional tuition grant statute authorizing payments to children attending private schools as

part of an anti-desegregation program is affirmed.

720. Kirk v. Gong, 389 U.S. 574 (1968).

District court decision holding unconstitutional Florida congressional districting statute is affirmed.

721. James v. Gilmore, 389 U.S. 572 (1968).

District court decision holding unconstitutional Texas loyalty oath

statute is affirmed.

722. Lee v. Washington, 390 U.S. 333 (1968).

Alabama statutes requiring racial segregation in prisons and jails

violate equal protection clause.

723. Scafati v. Greenfield, 390 U.S. 713 (1968).

District court decision holding unconstitutional as applied to a

prisoner who had been sentenced prior to enactment of statute but

paroled after its enactment a statute which forbade a prisoner from

earning good conduct deductions for the first six months after his

reincarceration following violation of parole is affirmed.

724. Levy v. Louisiana, 391 U.S. 68 (1968).

Wrongful death statute creating right of action in surviving child

or children as interpreted to mean only legitimate child or children

denies illegitimate children equal protection of the laws.

Concurring: Justices Douglas, Brennan, White, Fortas, Marshall, and Chief

Justice Warren.

Dissenting: Justices Harlan, Black, and Stewart.

725. Accord: Glona v. American Guar. & Liab. Ins. Co., 391 U.S. 73 (1968).

726. Rabeck v. New York, 391 U.S. 462 (1968).

Provision of obsenity law is unconstitutionally vague.

Concurring: Chief Justice Warren and Justices Black, Douglas, Brennan,

Stewart, White, Fortas, and Marshall.

Dissenting: Justice Harlan.

727. Witherspoon v. Illinois, 391 U.S. 510 (1968).

Statute, itself no longer in code but held to be incorporated in

general juror challenge statute, which authorizes automatic challenge

for cause of any potential juror scrupled against capital punishment

in capital cases is invalid.
2164 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Justices Stewart, Brennan, Fortas, Marshall and Chief Justice

Warren.

Concurring specially: Justice Douglas.

Dissenting: Justices Black, Harlan, and White.

728. Williams v. Rhodes, 393 U.S. 23 (1968).

Series of Ohio election statutes which imposed insurmountable

obstacles to success of independent parties and candidates obtaining

a place on the ballot violate the equal protection clause.

Concurring: Justices Black, Douglas, Brennan, Fortas, and Marshall.

Concurring specially: Justice Harlan.

Dissenting: Chief Justice Warren and Justices Stewart and White.

729. Louisiana Educ. Comm’n for Needy Children v. Poindexter, 393 U.S. 17

(1968).

District court decision holding unconstitutional tuition grant statute as part of antidesegregation program is affirmed.

730. Epperson v. Arkansas, 393 U.S. 97 (1968).

Statute prohibiting the teaching of evolution in public schools of

State violates First and Fourteenth Amendments.

731. WHYY, Inc. v. Borough of Glassboro, 393 U.S. 117 (1968).

New Jersey statute providing for exemption from property taxes

only of those nonprofit corporations chartered in New Jersey denies

equal protection to Pennsylvania corporation qualified to do business

in New Jersey.

Concurring: Chief Justice Warren and Justices Douglas, Harlan, Brennan,

Stewart, White, Fortas, and Marshall.

Dissenting: Justice Black.

732. South Carolina State Bd. of Educ. v. Brown, 393 U.S. 222 (1968).

District court decision holding unconstitutional statute providing

for scholarship grants for children attending private schools as part

of antidesegregation program is affirmed.

733. Kirkpatrick v. Preisler, 394 U.S. 526 (1968).

Missouri congressional districting statute is unconstitutional because the population deviations from precise mathematical equality

among districts were not unavoidable.

Concurring: Justices Brennan, Black, Douglas, Marshall, and Chief Justice

Warren.

Concurring specially: Justice Fortas.

Dissenting: Justices Harlan, Stewart, and White.
STATE ACTS HELD UNCONSTITUTIONAL 2165

734. Accord: Wells v. Rockefeller, 394 U.S. 542 (1969).

735. Stanley v. Georgia, 394 U.S. 557 (1969).

Statute construed to prohibit possession in the home of obscene

materials for one’s own private and personal use violates First and

Fourteenth Amendments.

736. Street v. New York, 394 U.S. 576 (1969).

Statute insofar as it punishes verbal abuse of the flag violates

First and Fourteenth Amendments.

Five-to-four division of Court not on this issue.

737. Shapiro v. Thompson, 394 U.S. 618 (1969).

Connecticut and Pennsylvania statutory provision of one-year

durational residency requirement on eligibility for welfare assistance

infringes right to travel and violates equal protection clause.

Concurring: Justices Brennan, Douglas, Fortas, Stewart, White, and Marshall.

Dissenting: Chief Justice Warren and Justices Black and Harlan.

738. Moore v. Ogilvie, 394 U.S. 814 (1969).

Illinois statute requiring independent candidates to present

25,000 signatures, including 200 signatures from each of at least 50

of the State’s 200 counties, violates the equal protection clause.

Concurring: Justices Douglas, Black, Brennan, White, Fortas, Marshall, and

Chief Justice Warren.

Dissenting: Justices Stewart and Harlan.

739. Sniadach v. Family Finance Corp., 395 U.S. 337 (1969).

Wisconsin prejudgment garnishment statute which authorizes

freezing of defendant’s wages in interim between garnishment and

culmination of suit without affording defendant a hearing violates due

process clause.

Concurring: Justices Douglas, Brennan, Stewart, White, and Marshall and

Chief Justice Warren.

Concurring specially: Justice Harlan.

Dissenting: Justice Black.

740. Brandenburg v. Ohio, 395 U.S. 444 (1969).

Criminal Syndicalism Statute which proscribes advocacy of use of

force in absence of requirement that such advocacy be directed to inciting or producing imminent lawless action and be likely to incite or

produce such action violates First and Fourteenth Amendments.

741. Kramer v. Union Free School Dist., 395 U.S. 621 (1969).

New York statute limiting eligibility to vote in school district

elections to persons who own taxable real property in district or who

are parents of children enrolled in the local public schools violates

equal protection clause.
2166 STATE ACTS HELD UNCONSTITUTIONAL

Concurring: Chief Justice Warren and Justices Douglas, Brennan, White, and

Marshall.

Dissenting: Justices Stewart, Black, and Harlan.

742. Cipriano v. City of Houma, 395 U.S. 701 (1969).

Louisiana statute limiting eligibility to vote on issuance of municipal utility revenue bonds to property owners violates equal protection

clause.

Concurring: Chief Justice Warren and Justices Douglas, Brennan, White, and

Marshall.

Concurring specially: Justices Black, Stewart, and Harlan.

743. Turner v. Fouche, 396 U.S. 346 (1969).

Georgia statute limiting eligibility to school board membership to

property holders violates the equal protection clause.

744. Wyman v. Bowens, 397 U.S. 49 (1970).

District court decision holding unconstitutional statute denying

welfare assistance to persons coming into State with intent to obtain

such assistance is affirmed.

745. Hadley v. Junior College Dist., 397 U.S. 50 (1970).

Statutory scheme for election of trustees of junior college district

which allocated trustees to lesser populated districts rather than

those of greater populations violated equal protection clause.

Concurring: Justices Black, Douglas, Brennan, White, and Marshall.

Dissenting: Chief Justice Burger and Justices Harlan and Stewart.

746. In re Winship, 397 U.S. 358 (1970).

New York statute providing that proof of acts establishing delinquency of a minor must be by a preponderance of the evidence violates due process clause which requires proof beyond a reasonable

doubt.

Concurring: Justices Brennan, Douglas, Harlan, White, and Marshall.

Dissenting: Chief Justice Burger and Justices Black and Stewart.

747. Rosado v. Wyman, 397 U.S. 397 (1970).

New York statute changing levels of benefits and deleting items

to be included in levels of benefit which reduced moneys to recipients

conflicted with federal law which required States to adjust upward in

terms of increases costs of living amounts deemed necessary for subsistence and the state law must yield.

Concurring: Justices Harlan, Douglas, Brennan, Stewart, White, and Marshall.

Dissenting: Justice Black and Chief Justice Burger.

748. Lewis v. Martin, 397 U.S. 552 (1970).

California statute reducing amount of dependent children funds

going to any household by amount of funds imputed to presence of a
STATE ACTS HELD UNCONSTITUTIONAL 2167

‘‘man-in-the-house’’ who was not legally obligated to support the child

or children conflicts with federal law as interpreted by valid HEW

regulations and must yield.

Concurring: Justices Douglas, Harlan, Brennan, Stewart, White, and Marshall.

Dissenting: Chief Justice Burger and Justice Black.

749. Baldwin v. New York, 399 U.S. 66 (1970).

Statute providing for trial without jury in New York City of misdemeanors punishable upon conviction with sentences of up to one

year violates Sixth and Fourteenth Amendments, which require jury

trials when possible sentence is six months or more.

Concurring: Justices White, Brennan, and Marshall.

Concurring specially: Justices Black and Douglas.

Dissenting: Chief Justice Burger and Justices Harlan and Stewart.

750. City of Phoenix v. Kolodziejski, 399 U.S. 204 (1970).

Arizona constitutional and statutory provisions which limit eligibility to vote in referendum on issuance of general obligation bonds

to property owners violate equal protection clause.

Concurring: Justices White, Black, Douglas, Brennan, and Marshall.

Dissenting: Justices Stewart and Harlan and Chief Justice Burger.

751. Williams v. Illinois, 399 U.S. 235 (1970).

Statute providing for extension of jail sentence to work off unpaid

fine at $5 a day violates equal protection clause as applied to an indigent convict thus unable to pay his fine.

752. Rockefeller v. Socialist Workers Party, 400 U.S. 806 (1970).

District court decision holding unconstitutional New York statutory provisions for geographic dispersion of signatures on candidates’

petitions and discriminating against independent candidates’ ability

to obtain signatures in ways absent from major party candidates is

affirmed.

753. Parish School Bd. v. Stewart, 400 U.S. 884 (1970).

District court decision holding unconstitutional Louisiana constitutional and statutory provisions limiting eligibility to vote in general obligation bond authorization elections is affirmed.

754. Bower v. Vaughan, 400 U.S. 884 (1970).

District court decision holding unconstitutional Arizona’s one-year

residency requirement for treatment in state hospital is affirmed.

755. Rafferty v. McKay, 400 U.S. 954 (1970).

District court decision holding unconstitutional California loyalty

oath similar to that condemned in Baggett v. Bullitt, 377 U.S. 360

(1964) is affirmed.
2168 STATE ACTS HELD UNCONSTITUTIONAL

756. Wisconsin v. Constantineau, 400 U.S. 433 (1971).

Statute providing for ‘‘posting’’ of ‘‘excessive’’ drinkers to bar

them from taverns and similar places denies procedural due process

by not requiring notice and opportunity to be heard.

757. Groppi v. Wisconsin, 400 U.S. 505 (1971).

Statute which categorically precludes a change of venue for trial

of misdemeanor cases violates Sixth and Fourteenth Amendments.

Concurring: Justices Stewart, Douglas, Harlan, Brennan, White, and Marshall.

Concurring specially: Justice Blackmun and Chief Justice Burger.

Dissenting: Justice Black.

758. Boddie v. Connecticut, 401 U.S. 371 (1971).

Statutory imposition of fees as prerequisite to obtain judicial dissolution of marriage violates due process as applied to persons unable

to pay the fees.

Concurring: Justices Harlan, Stewart, White, Marshall, and Blackmun.

Concurring specially: Justices Douglas and Brennan.

Dissenting: Justice Black.

759. Tate v. Short, 401 U.S. 395 (1971).

Texas statute (and ordinance of City of Houston) which provide

for imprisonment of person unable to pay a fine for period calculated

at $5 a day violate equal protection clause.

760. North Carolina State Bd. of Educ. v. Swann, 402 U.S. 43 (1971).

Anti-Busing Law which flatly forbids assignment of any student

on account of race and prohibits busing for such purpose is unconstitutional.

761. California Dep’t of Human Resources Dev. v. Java, 402 U.S. 121 (1971).

Statute providing for suspension of unemployment compensation

if former employer appeals eligibility decision of departmental examiner, the suspension to last until decision of the appeal, conflicts with

federal act’s requirement that compensation must be paid when due,

and the state law must yield under the supremacy clause.

762. Bell v. Burson, 402 U.S. 535 (1971).

Georgia statute providing for automatic suspension of driver’s license upon involvement in auto accident unless security for amount

of damages is posted violates due process in not first affording driver

a hearing to establish a reasonable possibility that judgment may be

rendered against him as result of accident.

763. Perez v. Campbell, 402 U.S. 637 (1971).

Arizona statute providing that a discharge in bankruptcy shall

not operate to relieve a judgment creditor under the Motor Vehicle
STATE ACTS HELD UNCONSTITUTIONAL 2169

Safety Responsibility Act of any obligation under the Act conflicts

with the provision of the federal bankruptcy law which discharges a

debtor of all but specified judgments and is invalid under the supremacy clause.

764. Nyquist v. Lee, 402 U.S. 935 (1971).

District court decision holding unconstitutional New York antibusing law is affirmed.

765. Whitcomb v. Chavis, 403 U.S. 124 (1971).

Legislative apportionment and districting statute of Indiana,

though its multimember features are not unconstitutional, provides

for too much population inequality and is void.

Concurring: Justices White, Black, Douglas, Brennan, Marshall, Blackmun

and Chief Justice Burger.

Dissenting: Justices Harlan and Stewart.

766. Connell v. Higginbotham, 403 U.S. 207 (1971).

Florida loyalty oath provision which requires public employee to

swear he does not believe in violent overthrow of government or be

dismissed violates due process by not providing for an inquiry into his

reasons for refusing to take the oath.

Concurring: Chief Justice Burger and Justices Black, Harlan, White, and

Blackmun.

Concurring specially: Justices Marshall, Douglas, and Brennan.

Dissenting: Justice Stewart.

767. Graham v. Richardson, 403 U.S. 365 (1971).

Arizona statute limiting eligibility for welfare assistance to aliens

who have resided in State at least 15 years and Pennsylvania statute

barring such assistance to persons who are not citizens violate equal

protection clause and intrude into Federal Government’s exclusive

powers over admission of aliens.

768. Lemon v. Kurtzman, 403 U.S. 602 (1971).

Pennsylvania statute providing for reimbursement of sectarian

schools for expenses of providing certain secular educational services

and Rhode Island statute providing for salary supplements to be paid

teachers in sectarian schools violate the establishment clause of the

First Amendment as applied to the States through the Fourteenth.

Concurring: Chief Justice Burger and Justices Harlan, Stewart, and

Blackmun.

Concurring specially: Justices Black, Douglas, Brennan, and Marshall.

Dissenting: Justice White.

769. Accord: Sanders v. Johnson, 403 U.S. 955 (1971).

District court decision holding unconstitutional state aid to sectarian schools is affirmed.
2170 STATE ACTS HELD UNCONSTITUTIONAL

770. Pease v. Hansen, 404 U.S. 70 (1971).

State durational residency requirement as condition on eligibility

to state-financed public assistance is unconstitutional under Shapiro

v. Thompson, 394 U.S. 618 (1969).

771. Reed v. Reed, 404 U.S. 71 (1971).

Idaho statutory provision giving preference to males over females

for appointment as administrator of decedent’s estate violates equal

protection clause.

772. Townsend v. Swank, 404 U.S. 282 (1971).

Illinois statute and implementing regulations which made needy

dependent children 18 through 20 years old eligible for welfare benefits if they were attending high school or vocational training school

but not if they were attending college or university conflicts with federal social security law and must yield under supremacy clause.

773. Dunn v. Rivera, 404 U.S. 1054 (1972).

District court decision holding unconstitutional Connecticut oneyear durational residency requirement for eligibility to welfare assistance is affirmed.

774. Wyman v. Lopez, 404 U.S. 1055 (1972).

District court decision holding unconstitutional New York oneyear durational residency requirement for eligibility to welfare assistance is affirmed.

775. Lindsey v. Normet, 405 U.S. 56 (1972).

Oregon statutory provision requiring tenants who wish to appeal

housing eviction order to file bond in twice the amount of rent expected to accrue during pendency of appeal violates equal protection

clause.

776. Bullock v. Carter, 405 U.S. 134 (1972).

Texas’ filing fee system which imposes on candidates the costs of

the primary election operation and affords no alternative opportunity

for candidates unable to pay the fees to obtain access to the ballot violates the equal protection clause.

777. Dunn v. Blumstein, 405 U.S. 330 (1972).

Tennessee durational residency requirement of one year as a condition of registration to vote burdens right to travel and violates equal

protection clause.

Concurring: Justices Marshall, Douglas, Brennan, Stewart, and White.

Concurring specially: Justice Blackmun.

Dissenting: Chief Justice Burger.
STATE ACTS HELD UNCONSTITUTIONAL 2171

778. Accord: Caniffe v. Burg, 405 U.S. 1034 (1972).

District court decision holding six and three months durational

residency requirements unconstitutional is affirmed.

779. Accord: Davis v. Kohn, 405 U.S. 1034 (1972).

780. Accord: Cody v. Andrews, 405 U.S. 1034 (1972).

781. Accord: Donovan v. Keppel, 405 U.S. 1034 (1972).

782. Accord: Whitcomb v. Affeldt, 405 U.S. 1034 (1972).

783. Accord: Amos v. Hadnott, 405 U.S. 1035 (1972).

784. Accord: Virginia State Bd. of Elections v. Bufford, 405 U.S. 1035 (1972).

785. Eisenstadt v. Baird, 405 U.S. 438 (1972).

Massachusetts statute making it a crime to dispense any contraceptive article to an unmarried person, except to prevent disease, is

unconstitutional.

Concurring: Justices Brennan, Douglas, Stewart, and Marshall.

Concurring specially: Justices White and Blackmun.

Dissenting: Chief Justice Burger.

786. Gooding v. Wilson, 405 U.S. 518 (1972).

Georgia statute making it criminal offense to use language of or

to another tending to cause a breach of the peace, which is not limited

to ‘‘fighting words,’’ is unconstitutionally vague and overbroad.

Concurring: Justices Brennan, Douglas, Stewart, White, and Marshall.

Dissenting: Justice Blackmun and Chief Justice Burger.

787. Stanley v. Illinois, 405 U.S. 645 (1972).

Statute which presumes without a hearing on issue unfitness of

father of illegitimate children to have custody upon death or disqualification of mother denies him due process and equal protection.

Concurring: Justices White, Douglas, Brennan, Stewart, and Marshall.

Dissenting: Chief Justice Burger and Justice Blackmun.

788. Weber v. Aetna Casualty & Surety Co., 406 U.S. 164 (1972).

Louisiana workmen’s compensation statute which relegates

unacknowledged illegitimate children to a status inferior to legitimate

and acknowledged illegitimate children violates equal protection

clause.

Concurring: Justice Powell, Douglas, Brennan, Stewart, White, and Marshall,

and Chief Justice Burger.

Concurring specially: Justice Blackmun.

Dissenting: Justice Rehnquist.

789. Wisconsin v. Yoder, 406 U.S. 205 (1972).

Compulsory school attendance law, insofar as it does not exempt

Amish children from coverage following completion of eighth grade,
2172 STATE ACTS HELD UNCONSTITUTIONAL

violates the Free Exercise Clause of the First Amendment, applicable

via the Fourteenth Amendment.

Concurring: Chief Justice Burger, and Justices Brennan, Stewart, White, Marshall, Blackmun, and (in part) Douglas.

Dissenting (in part): Justice Douglas.

790. Brooks v. Tennessee, 406 U.S. 605 (1972).

Statute which requires defendant if he is going to testify to do so

before any other witness for him violates Fifth, Sixth, and Fourteenth

Amendments.

Concurring: Justices Brennan, Douglas, White, Marshall, and Powell.

Concurring specially: Justice Stewart.

Dissenting: Chief Justice Burger and Justices Blackmun and Rehnquist.

791. Jackson v. Indiana, 406 U.S. 715 (1972).

Pretrial commitment procedure for allegedly incompetent defendants which provides more lenient standards for commitment than procedure for those persons not charged with any offense, and more

stringent standards of release, violates both due process and equal

protection.

792. James v. Strange, 407 U.S. 128 (1972).

Kansas statute enabling State to recover in subsequent civil proceedings legal defense fees for indigent defendants violates equal protection clause because it dispenses with the protective exemptions

state law has erected for other civil judgment debtors.

793. Fuentes v. Shevin, 407 U.S. 67 (1972).

Replevin statutes of Florida and Pennsylania which permit installment sellers or other persons alleging entitlement to property to

cause the seizure of the property without any notice or opportunity

to be heard on the issues violate due process clause.

Concurring: Justices Stewart, Douglas, Brennan, and Marshall.

Dissenting: Justices White and Blackmun and Chief Justice Burger.

794. State Dep’t of Health and Rehabilitative Servs. v. Zarate, 407 U.S. 918

(1972).

District court decision holding unconstitutional under equal protection clause Florida’s denial of welfare assistance to noncitizens is

affirmed.

795. United States v. Scotland Neck City Bd. of Educ., 407 U.S. 484 (1972).

North Carolina statute which authorized creation of a new school

district in a city that was part of a larger county school system is void

inasmuch as its effect would be to impede the dismantling of the dual

school system by affording a refuge to white students fleeing desegregation.
STATE ACTS HELD UNCONSTITUTIONAL 2173

796. Furman v. Georgia, 408 U.S. 238 (1972).

Statutory imposition of capital punishment upon criminal conviction either at discretion of jury or of the trial judge may not be carried out. Such statutes in the view of two Justices are unconstitutional because the death penalty is cruel and unusual punishment per

se in violation of the Eighth and Fourteenth Amendments, while in

the view of three Justices the statutes are unconstitutional as applied

because of the discriminatory or arbitrary manner in which death is

imposed upon convicted defendants in violation of the Eighth and

Fourteenth Amendments.

Concurring specially: Justices Douglas, Brennan, Stewart, White, and Marshall.

Dissenting: Chief Justice Burger and Justices Blackmun, Powell, and

Rehnquist.

797. Texas Bd. of Barber Examiners v. Bolton, 409 U.S. 807 (1972).

District court decision holding invalid under equal protection

clause Texas statutes prohibiting licensed cosmetologists from working with male customers and prohibiting licensed barbers from working with female customers is summarily affirmed.

798. Essex v. Wolman, 409 U.S. 808 (1972).

District court decision holding void under the establishment

clause of the First Amendment an Ohio statute providing a reimbursement grant to parents of children attending nonpublic schools is

summarily affirmed.

799. Sterrett v. Mothers’ & Children’s Rights Org., 409 U.S. 809 (1972).

District court decision holding invalid as in conflict with federal

Social Security Act an Indiana statute denying benefits to persons

aged 16 to 18 who are eligible but for the fact that they are not regularly attending school is summarily affirmed.

800. Robinson v. Hanrahan, 409 U.S. 38 (1972).

Illinois statute providing for mailing of vehicle forfeiture proceeding notification to home address of vehicle owner is unconstitutional

as applied to person known to the State to be incarcerated and not

at home.

801. Amos v. Sims, 409 U.S. 942 (1972).

District court decision holding unconstitutional Alabama legislative apportionment law is summarily affirmed.

802. Fugate v. Potomac Electric Power Co., 409 U.S. 942 (1972).

District court decision holding invalid under equal protection

clause Virginia statute allowing reimbursement to utilities required

by interstate highway construction to relocate their lines in cities and

towns but denying reimbursement to utilities required by interstate
2174 STATE ACTS HELD UNCONSTITUTIONAL

highway construction to relocate lines in counties is summarily affirmed.

803. Ward v. Village of Monroeville, 409 U.S. 57 (1972).

Ohio statute authorizing trial for certain ordinance violations and

traffic offenses before mayor responsible for village finances when the

fines, forfeitures, costs, and fees imposed in the mayor’s courts provided a substantial portion of village funds denied defendants opportunity for trial before an impartial and disinterested tribunal.

Justices Concurring: Brennan, Douglas, Stewart, Marshall, Blackmun and

Powell, and Chief Justice Burger.

Justices Dissenting: White and Rehnquist.

804. Evco v. Jones, 409 U.S. 91 (1972).

New Mexico’s gross receipts tax is unconstitutionally applied to

proceeds from transactions whereby material is produced in State

under contract for delivery to out-of-state clients because it

impermissibly burdens interstate commerce.

805. Philpott v. Welfare Board, 409 U.S. 413 (1973).

New Jersey statute providing for recovery by State of reimbursement for financial assistance when recipient subsequently obtains

funds cannot be applied to obtain reimbursement out of federal disability insurance benefits inasmuch as federal law bars subjecting

such funds to any legal process.

806. Georges v. McClellan, 409 U.S. 1120 (1973).

District court decision holding unconstitutional under due process

clause Rhode Island prejudgment attachment statute is summarily affirmed.

807. Gomez v. Perez, 409 U.S. 535 (1973).

Texas law denying right of enforced paternal support to illegitimate children while granting it to legitimate children violates equal

protection clause.

808. Roe v. Wade, 410 U.S. 113 (1973).

Texas statute making it a crime to procure or to attempt to procure an abortion except on medical advice to save the life of the mother infringes upon a woman’s right of privacy protected by the due

process clause of the Fourteenth Amendment.

Justices Concurring: Blackmun, Douglas, Brennan, Stewart, Marshall, Powell,

and Chief Justice Burger.

Justices Dissenting: White and Rehnquist.

809. Doe v. Bolton, 410 U.S. 179 (1973).

Georgia statute permitting abortions under prescribed circumstances nevertheless invalidly imposed a number of procedural
STATE ACTS HELD UNCONSTITUTIONAL 2175

limitations: that the abortion be performed in an accredited hospital,

be approved by a staff committee and two licensed physicians other

than woman’s own doctor, and be available only to residents.

Justices Concurring: Blackmun, Douglas, Brennan, Stewart, Marshall, Powell,

and Chief Justice Burger.

Justices Dissenting: White and Rehnquist.

810. Mahan v. Howell, 410 U.S. 315 (1973).

Portion of Virginia apportionment statute assigning large numbers of naval personnel to actual location of station when evidence

showed substantial numbers resided in surrounding areas distorted

population balance of districts within the one county and was void.

811. Whitcomb v. Communist Party of Indiana, 410 U.S. 976 (1973).

District court decision holding invalid under First and Fourteenth

Amendments Indiana statute requiring political party to submit oath

that party has no relationship to a foreign government as a condition

of ballot access is summarily affirmed.

812. Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973).

New Mexcio use tax may not constitutionally be applied on personal property that Indian tribe purchased out-of-state and installed

as permanent improvement on off-reservation ski resort owned and

operated by tribe.

813. McClanahan v. Arizona Tax Comm’n, 411 U.S. 164 (1973).

Arizona income tax is invalidly applied to Navajo Indian residing

on reservation and whose income is wholly derived from reservation

sources.

814. New Jersey Welfare Rights Org. v. Cahill, 411 U.S. 619 (1973).

New Jersey statute denying assistance to families in which parents are not ceremonially married denies equal protection to children

in such families.

Justices Concurring: Douglas, Brennan, Stewart, White, Marshall, Blackmun,

Powell, and Chief Justice Burger.

Justice Dissenting: Rehnquist.

815. Gagnon v. Scarpelli, 411 U.S. 778 (1973).

Wisconsin statute as interpreted to permit revocation of parole

without a hearing denies due process of law.

816. Parker v. Levy, 411 U.S. 978 (1973).

District court decision voiding as arbitrary denial of equal protection Louisiana’s constitutional provision and statute distributing

among political subdivisions property relief fund is summarily affirmed.
2176 STATE ACTS HELD UNCONSTITUTIONAL

817. Miller v. Gomez, 412 U.S. 914 (1973).

District court decision holding a denial of equal protection New

York statute denying jury trial on issue of dangerousness to persons

being committed to hospitals for criminally insane after felony indictment but before trial is summarily affirmed.

818. Vlandis v. Kline, 412 U.S. 441 (1973).

Connecticut statute creating irrebuttable presumption that student from out-of-state at time of application to state college remained

nonresident for tuition purposes for entire student career violated due

process clause.

Justices Concurring: Stewart, Brennan, Marshall, Blackmun, and Powell.

Justice Concurring Specially: White.

Justices Dissenting: Chief Justice Burger and Rehnquist and Douglas.

819. Wardius v. Oregon, 412 U.S. 470 (1973).

Oregon statute requiring defendant to give pretrial notice of alibi

defense and names of supporting witnesses but denying defendant

any reciprocal right of discovery of rebuttal evidence denies him due

process of law.

820. White v. Regester, 412 U.S. 755 (1973).

Establishment of multimember legislative districts in certain

Texas urban areas in context of pervasive electoral discrimination

against blacks and Mexican-Americans denied equal protection of

laws.

821. White v. Weiser, 412 U.S. 783 (1973).

Texas congressional districting law creates districts with too

great a population disparity and is void under equal protection clause.

822. Levitt v. Committee for Pub. Educ. and Religious Liberty, 413 U.S. 472

(1973).

New York statute to reimburse nonpublic schools for administrative expenses incurred in carrying out state mandated examination

and record keeping requirements but requiring no accounting and

separating of religious and nonreligious uses violates establishment

clause.

Justices Concurring: Chief Justice Burger and Stewart, Blackmun, Powell,

and Rehnquist.

Justices Concurring Specially: Douglas, Brennan, and Marshall.

Justice Dissenting: White.

823. Sugarman v. Dougall, 413 U.S. 634 (1973).

New York statute providing that only United States citizens may

hold permanent positions in competitive civil service violates equal

protection clause.
STATE ACTS HELD UNCONSTITUTIONAL 2177

Justices Concurring: Blackmun, Douglas, Brennan, Stewart, White, Marshall,

Powell, and Chief Justice Burger.

Justice Dissenting: Rehnquist.

824. Committee for Pub. Educ. and Religious Liberty v. Nyquist, 413 U.S.

756 (1973).

New York education and tax laws providing grants to nonpublic

schools for maintenance and repairs of facilities and providing tuition

reimbursements and income tax benefits to parents of children attending nonpublic schools violate the establishment clause.

Justices Concurring: Powell, Douglas, Brennan, Stewart, Marshall, and

Blackmun.

Justices Concurring and Dissenting: Chief Justice Burger and Rehnquist.

Justice Dissenting: White.

825. Sloan v. Lemon, 413 U.S. 825 (1973).

Pennsylvania statute providing for reimbursement of parents for

portion of tuition expenses in sending children to nonpublic schools

violates establishment clause.

Justices Concurring: Powell, Douglas, Brennan, Stewart, Marshall, and

Blackmun.

Justices Dissenting: White, Rehnquist, and Chief Justice Burger.

826. Accord: Grit v. Wolman, 413 U.S. 901 (1973).

827. Stevenson v. West, 413 U.S. 902 (1973).

South Carolina legislative apportionment statute is invalid.

828. Nelson v. Miranda, 413 U.S. 902 (1973).

Arizona constitutional and statutory provisions denying public

employment to aliens violates equal protection clause.

829. Texas v. Pruett, 414 U.S. 802 (1973).

Federal court decision that Texas statutory system that denies

good time credit to convicted felons in jail pending appeal while allowing good time credit to incarcerated nonappealing felons unconstitutionally burdens right of appeal is summarily affirmed.

830. Department of Game v. Puyallup Tribe, 414 U.S. 44 (1973).

Washington State statute construed to prohibit net fishing by Indians is invalid.

831. Kusper v. Pontikes, 414 U.S. 51 (1973).

Illinois statute prohibiting one who has voted in one party’s primary election from voting in another party’s primary election for at

least 23 months violates the First and Fourteenth Amendments.

Justices Concurring: Stewart, Douglas, White, Marshall, and Powell.

Justice Concurring Specially: Chief Justice Burger.

Justices Dissenting: Blackmun and Rehnquist.
2178 STATE ACTS HELD UNCONSTITUTIONAL

832. Lefkowitz v. Turley, 414 U.S. 70 (1973).

New York statute providing for cancellation of public contracts

and disqualification of contractors from doing business with the State

for refusal to waive immunity from prosecution and to testify concerning state contracts violates the Fifth Amendment privilege against

self-incrimination.

833. Danforth v. Rodgers, 414 U.S. 1035 (1973).

District court decision invalidating Missouri abortion statute is

summarily affirmed.

834. Communist Party of Indiana v. Whitcomb, 414 U.S. 441 (1974).

Indiana statute prescribing loyalty oath as qualification for access

to ballot violates First and Fourteenth Amendments.

835. O’Brien v. Skinner, 414 U.S. 524 (1974).

New York election law provisions that permit persons incarcerated outside county of residence while awaiting trial to register and

vote absentee while denying absentee privilege to persons incarcerated in county of residence denies equal protection.

Justices Concurring: Chief Justice Burger and Douglas, Brennan, Stewart,

White, Marshall, and Powell.

Justices Dissenting: Blackmun and Rehnquist.

836. Wallace v. Sims, 415 U.S. 902 (1974).

District court decision holding invalid Alabama apportionment

statute is summarily affirmed.

837. Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974).

Arizona statute imposing one-year county residency requirement

for indigents’ eligibility for nonemergency medical care at state expense infringes upon right to travel and violates equal protection

clause.

Justices Concurring: Marshall, Brennan, Stewart, White, and Powell.

Justices Concurring Specially: Douglas, Blackmun, and Chief Justice Burger.

Justice Dissenting: Rehnquist.

838. Davis v. Alaska, 415 U.S. 308 (1974).

Alaska statute protecting anonymity of juvenile offenders was unconstitutionally applied to prohibit cross-examination of prosecution

witness for possible bias in violation of confrontation clause.

Justices Concurring: Chief Justice Burger and Douglas, Brennan, Stewart,

Marshall, Blackmun, and Powell.

Justices Dissenting: White and Rehnquist.

839. Smith v. Goguen, 415 U.S. 566 (1974).

Massachusetts statute punishing anyone who treats the flag ‘‘contemptuously’’ without anchoring proscription to specified conduct and

modes is unconstitutionally vague.
STATE ACTS HELD UNCONSTITUTIONAL 2179

Justices Concurring: Powell, Douglas, Brennan, Stewart, and Marshall.

Justice Concurring Specially: White.

Justices Dissenting: Blackmun, Rehnquist, and Chief Justice Burger.

840. Lubin v. Panish, 415 U.S. 709 (1974).

California statute imposing a filing fee as the only means of getting on the ballot denied indigents equal protection.

841. Schwegmann Bros. Giant Super Markets v. Louisiana Milk Comm’n,

416 U.S. 922 (1974).

District court decision holding invalid as burden on interstate

commerce Louisiana statute construed to permit commission to regulate prices at which dairy products are sold outside the State to Louisiana retailers is affirmed.

842. Beasley v. Food Fair, 416 U.S. 653 (1974).

North Carolina right-to-work law giving employees discharged by

reason of union membership cause of action against employer cannot

be applied to supervisors in view of 29 U.S.C. § 164(a), which provides

that no law should compel an employer to treat a supervisor as an

employee.

843. Indiana Real Estate Comm’n v. Satoskar, 417 U.S. 938 (1974).

District court decision invalidating Indiana statute limiting real

estate dealer licenses to citizens is summarily affirmed.

844. Marburger v. Public Funds for Public Schools, 417 U.S. (1974).

District court decisions invalidating under establishment clause

New Jersey laws providing reimbursement for parents of nonpublic

school children for textbooks and other materials are summarily affirmed.

845. Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974).

Florida statute compelling newspapers to publish free replies by

political candidates criticized by newspapers violates First Amendment.

846. Letter Carriers v. Austin, 418 U.S. 264 (1974).

Virginia statute creating cause of action for ‘‘insulting words’’ as

construed to permit recovery for use in labor dispute of words ‘‘scab’’

and similar words is preempted by federal labor law.

Justices Concurring: Marshall, Brennan, Stewart, White, and Blackmun.

Justice Concurring Specially: Douglas.

Justices Dissenting: Powell, Rehnquist, and Chief Justice Burger.

847. Spence v. Washington, 418 U.S. 405 (1974).

Washington State statute prohibiting ‘‘improper use’’ of flag or

display of the flag with any emblem superimposed on it was invalidly

applied to a person who taped a peace symbol on the flag in a way
2180 STATE ACTS HELD UNCONSTITUTIONAL

as not to damage it and who then displayed it upside down from his

own property.

Justices Concurring: Brennan, Stewart, Marshall, and Powell.

Justices Concurring Specially: Douglas and Blackmun.

Justices Dissenting: Rehnquist, White, and Chief Justice Burger.

848. Accord: Cahn v. Long Island Vietnam Moratorium Comm., 418 U.S. 906

(1974).

849. Franchise Tax Board v. United Americans, 419 U.S. 890 (1974).

District court decision striking down under First Amendment a

California statute providing state income-tax reductions for taxpayers

sending their children to nonpublic schools is summarily affirmed.

Justices Concurring: Brennan, Douglas, Stewart, Marshall, Blackmun, and

Powell.

Justices Dissenting: White and Rehnquist and Chief Justice Burger.

850. Taylor v. Louisiana, 419 U.S. 522 (1975).

Constitutional and statutory provisions that a woman should not

be selected for jury service unless she had previously filed a written

declaration of her desire to be subject to jury service violates Sixth

Amendment right of defendants to be tried before juries composed of

a representative cross section of the community.

Justices Concurring: White, Douglas, Brennan, Stewart, Marshall, Blackmun,

and Powell.

Justice Concurring Specially: Chief Justice Burger.

Justice Dissenting: Rehnquist.

851. North Georgia Finishing v. Di-Chem, 419 U.S. 601 (1975).

Georgia statutes permitting writ of garnishment to be issued in

pending suits on conclusory affidavit of plaintiff, prescribing filing of

bond as the only method of dissolving the writ, which deprives defendant of the use of the property pending the litigation, and making

no provision for an early hearing violates Fourteenth Amendment’s

due process clause.

Justices Concurring: White, Douglas, Brennan, Stewart, and Marshall.

Justice Concurring Specially: Powell.

Justices Dissenting: Blackmun, Rehnquist, and Chief Justice Burger.

852. Goss v. Lopez, 419 U.S. 565 (1975).

Ohio statute authorizing suspension of public school students for

up to 10 days for misconduct without a hearing denies students procedural due process in violation of the Fourteenth Amendment.

Justices Concurring: White, Douglas, Brennan, Stewart, and Marshall.

Justices Dissenting: Powell, Blackmun, Rehnquist, and Chief Justice Burger.

853. Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975).

Georgia statute making it a misdemeanor to publish or broadcast

the name of a rape victim may not be applied to such publishing or
STATE ACTS HELD UNCONSTITUTIONAL 2181

broadcasting when the name is part of a public record; consistent

with the First Amendment, publication of such public record information is absolutely privileged.

854. Austin v. New Hampshire, 420 U.S. 656 (1975).

State commuters income tax imposed on nonresidents violates the

privileges and immunities clause, Art. V. § 2, cl. 1, inasmuch as the

State imposed no income tax on its residents’ domestic income and exempted from tax income earned by its residents outside the State,

since the tax falls exclusively on nonresidents and is not offset even

approximately by other taxes imposed upon residents alone.

Justices Concurring: Marshall, Brennan, Stewart, White, Powell, Rehnquist,

and Chief Justice Burger.

Justice Dissenting: Blackmun.

855. Stanton v. Stanton, 421 U.S. 7 (1975).

Utah age of majority statute applied in the context of child support requirements obligating parental support of son to age 21 but

daugther only to age 18 is an invalid gender classification under the

equal protection clause of the Fourteenth Amendment.

856. Hill v. Stone, 421 U.S. 289 (1975).

Texas constitution and statutes and city charter limiting the

right to vote in city bond issue elections to persons who have listed

property for taxation in the election district in the year of the election

is void under the equal protection clause of the Fourteenth Amendment.

Justices Concurring: Marshall, Brennan, White, Blackmun, and Powell.

Justices Dissenting: Rehnquist, Stewart, and Chief Justice Burger.

857. Meek v. Pittenger, 421 U.S. 349 (1975).

Pennsylvania laws authorizing direct provision to nonpublic

school children of ‘‘auxiliary services’’, i.e., counseling, testing, speech

and hearing therapy, etc., and loans to the nonpublic schools for instructional material and equipment constitute unlawful assistance to

religion and are invalid under First Amendment.

Justices Concurring: Stewart, Douglas, Brennan, Marshall, Blackmun, and

Powell.

Justices Dissenting: Chief Justice Burger and Rehnquist.

858. Bigelow v. Virginia, 421 U.S. 809 (1975).

State statute making it a misdemeanor, by sale or circulation of

any publication, to encourage or prompt the procuring of an abortion,

as applied to the editor of a weekly newspaper who published an advertisement of an out-of-state abortion, is in violation of the First

Amendment.
2182 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Blackmun, Douglas, Brennan, Stewart, Marshall, Powell,

and Chief Justice Burger.

Justices Dissenting: Rehnquist and White.

859. Herring v. New York, 422 U.S. 853 (1975).

Statute granting trial judge in a nonjury criminal case the power

to deny counsel the opportunity to make a summation of the evidence

before the rendition of judgment violates the Sixth Amendment.

Justices Concurring: Stewart, Douglas, Brennan, White, Marshall, and Powell.

Justices Dissenting: Rehnquist, Blackmun, and Chief Justice Burger.

860. Turner v. Department of Employment Security, 423 U.S. 44 (1975).

Utah statute making pregnant women ineligible for unemployment compensation for a period extending from 12 weeks before expected childbirth until six weeks following violates Fourteenth

Amendment due process clause.

Justices Concurring: Brennan, Stewart, White, Marshall, and Powell.

Justices Dissenting: Rehnquist and Blackmun and Chief Justice Burger (from

summary action only).

861. Schwartz v. Vanasco, 423 U.S. 1041 (1976).

District court decision invalidating as overbroad under the First

Amendment New York law prohibiting attacks on candidate based on

race, sex, religion, or ethnic background and prohibiting misrepresentations of candidate’s qualifications, positions, or political affiliation is

summarily affirmed.

862. Tucker v. Salera, 424 U.S. 959 (1976).

District court decision voiding Pennsylvania election law provision requiring that candidates of ‘‘political bodies’’ collect nominating

petition signatures between 10th and 7th Wednesdays prior to primary election and file them no later than 7th Wednesday prior to primary insofar as it disqualifies papers signed after 7th Wednesday, is

affirmed summarily.

863. Moe v. Confederated Salish and Kootenai Tribes, 425 U.S. 463 (1976).

Montana laws imposing personal property taxes, vendor license

fees, and a cigarette sales tax may not constitutionally be applied to

reservation Indians under supremacy clause because federal statutory

law precludes such application.

864. Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, 425

U.S. 748 (1976).

State statute declaring it unprofessional conduct for a licensed

pharmacist to advertise the price of prescription drugs violates the

First Amendment right of citizens to receive the information thus

suppressed.
STATE ACTS HELD UNCONSTITUTIONAL 2183

Justices Concurring: Blackmun, Brennan, Stewart, White, Marshall, and Powell.

Justice Concurring Specially: Chief Justice Burger.

Justice Dissenting: Rehnquist.

865. Accord: California State Bd. of Pharmacy v. Terry, 426 U.S. 913 (1976).

866. Bryan v. Itasca County, 426 U.S. 373 (1976).

Minnesota laws imposing personal property taxes cannot under

the supremacy clause be constitutionally applied to an Indian’s mobile

home located on the reservation.

867. Kleppe v. New Mexico, 426 U.S. 529 (1976).

State law providing for the rounding up and sale by a state agency of ‘‘estrays’’ cannot under the supremacy clause be constitutionally

applied to unbranded and unclaimed horses and burros on public

lands of the United States that are protected by federal law.

868. Machinists & Aerospace Workers v. WERC, 427 U.S. 132 (1976).

Wisconsin statute proscribing concerted efforts by employees to

interfere with production, except through actual strikes, cannot under

the supremacy clause be constitutionally applied to union members’

concerted refusal to work overtime during negotiations for renewal of

an expired contract since such conduct was intended by Congress to

be regulable by neither the States nor the NLRB.

Justices Concurring: Brennan, White, Marshall, Blackmun, Power, and Chief

Justice Burger.

Justices Dissenting: Stevens, Stewart, Rehnquist.

869. Planned Parenthood v. Danforth, 428 U.S. 52 (1976).

Missouri abortion law that required, inter alia, spousal and parental consent before abortion could be performed in appropriate circumstances, and that proscribed the saline amniocentesis abortion

procedure after the first 12 weeks of pregnancy was an unconstitutional infringement upon the liberty of pregnant women who wished

to terminate their pregnancies.

Justices Concurring: Blackmun, Brennan, Stewart, Marshall, and Powell.

Justice Dissenting: Stevens (on parental consent).

Justices Dissenting: White, Rehnquist, and Chief Justice Burger.

870. Accord: Gerstein v. Coe, 428 U.S. 901 (1976).

871. Woodson v. North Carolina, 428 U.S. 280 (1976).

State statute making death penalty mandatory upon conviction of

first-degree murder violates Eighth Amendment, since determination

to impose death must be individualized.

Justices Concurring: Stewart, Powell, and Stevens.

Justices Concurring Specially: Brennan, and Marshall.

Justices Dissenting: Rehnquist, Blackmun, White, and Chief Justice Burger.
2184 STATE ACTS HELD UNCONSTITUTIONAL

872. Accord: Roberts v. Louisiana, 428 U.S. 325 (1976).

873. Accord: Williams v. Oklahoma, 428 U.S. 907 (1976).

874. Sendak v. Arnold, 429 U.S. 968 (1976).

Statute requiring all abortions, including those during first trimester of pregnancy, to be performed in hospital or licensed health

facility was held unconstitutional by district court and decision is

summarily affirmed.

Justices Concurring: Brennan, Stewart, Marshall, Blackmun, Powell, and Stevens.

Justices Dissenting: White, Rehnquist, and Chief Justice Burger.

875. Exon v. McCarthy, 429 U.S. 972 (1976).

District court holding that statutory scheme that fails to provide

method by which independent candidate for President may appear on

ballot other than through certification by political party violates First

and Fourteenth Amendments is summarily affirmed.

876. Craig v. Boren, 429 U.S. 190 (1976).

Statutory prohibition of sale of ‘‘nonintoxicating’’ 3.2% beer to

males under 21 and to females under 18 constituted an impermissible

gender-based classification that denied to males 18–20 equal protection.

Justices Concurring: Brennan, White, Marshall, Blackmun, Powell, and Stevens.

Justice Concurring Specially: Stewart.

Justices Dissenting: Chief Justice Burger and Rehnquist.

877. Lefkowitz v. C.D.R. Enterprises, 429 U.S. 1031 (1977).

District court decision holding invalid as a discrimination against

aliens a law granting public works employment preference to citizens

who have resided in State for at least 12 months is summarily affirmed.

878. Boston Stock Exchange v. State Tax Comm’n, 429 U.S. 318 (1977).

Transfer tax on securities transactions structured so that transactions involving an out-of-state sale are taxed more heavily than

most transactions involving a sale within the State discriminates

against interstate commerce in violation of the commerce clause.

879. Guste v. Weeks, 429 U.S. 1056 (1977).

District court decision voiding statute that effectively forbade

abortions, that prohibited publicizing availability of abortion services,

that required spousal or parental consent, and that forbade state employees to recommend abortions is summarily affirmed.
STATE ACTS HELD UNCONSTITUTIONAL 2185

880. Bowen v. Women’s Services, 429 U.S. 1067 (1977).

District court decision invalidating parental consent requirement

for abortion upon minor during first 12 weeks of pregnancy is summarily affirmed.

881. Jones v. Rath Packing Co., 430 U.S. 519 (1977).

Statutory imposition of weight requirements in packaging for sale

of bacon and flour which did not allow for loss of weight resulting

from moisture loss during distribution while the applicable federal

law does is invalid (1) as to bacon because of express federal law and

(2) as to flour because adherence to state law would defeat a purpose

of the federal law and hence supremacy clause requires that both

state laws yield to federal.

Justices Concurring: Marshall, Brennan, White, Blackmun, Powell, Stevens,

and Chief Justice Burger.

Justices Dissenting: Rehnquist and Stewart as to flour.

882. Wooley v. Maynard, 430 U.S. 705 (1977).

Requirement that state license plates bear motto ‘‘Live Free or

Die’’ and making it a misdemeanor to obscure the motto coerces dissemination of ideological message by person on his own property and

violates First Amendment.

Justices Concurring: Chief Justice Burger and Brennan, Stewart, White, Marshall, Powell, and Stevens.

Justices Dissenting: Rehnquist and Blackmun.

883. Trimble v. Gordon, 430 U.S. 762 (1977).

Law allowing illegitimate children to inherit by intestate succession only from their mothers while legitimate children may take from

both parents denies illegitimates the equal protection of the laws.

Justices Concurring: Powell, Brennan, White, Marshall, and Stevens.

Justices Dissenting: Chief Justice Burger and Stewart, Blackmun, and

Rehnquist.

884. United States Trust Co. v. New Jersey, 431 U.S. 1 (1977).

Retroactive repeal of a statutory covenant under which bonds had

been sold by Port Authority, covenant limiting the authority’s ability

to subsidize rail passenger transportation from revenues and reserves

pledged as security for the bonds, impaired the obligations of the contract and violated Article I, § 10, cl. 1

Justices Concurring: Blackmun, Rehnquist, Stevens, and Chief Justice Burger.

Justices Dissenting: Brennan, White, and Marshall.

885. Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977).

Statutory qualification of ownership of assessed property in jurisdiction in which airport is located as condition of appointment to airport commission is invalid.
2186 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Chief Justice Burger and Brennan, Stewart, White, Marshall, Blackmun, Powell, and Stevens.

Justice Dissenting: Rehnquist.

886. Douglas v. Seacoast Products, 431 U.S. 265 (1977).

Statute prohibiting nonresidents from carrying on fishing within

certain state waters is preempted by federal enrollment and licensing

laws that grant affirmative right to fish in coastal waters and is invalid under supremacy clause.

887. Roberts v. Louisiana, 431 U.S. 633 (1977).

Statute imposing mandatory death sentence upon one convicted

of first-degree murder of police officer engaged in performance of his

duties violates Eighth Amendment.

Justices Concurring: Stewart, Powell and Stevens.

Justices Concurring Specially: Brennan and Marshall.

Justices Dissenting: Chief Justice Burger and Blackmun, White, and

Rehnquist.

888. Carey v. Population Services Int’l, 431 U.S. 678 (1977).

Law making it a crime (1) for any person to sell or distribute contraceptives to minors under 16, (2) for anyone other than a licensed

pharmacist to distribute contraceptives to persons 16 or over, and (3)

for anyone to advertise or display contraceptives violates First and

Fourteenth Amendments.

Justices Concurring: Brennan, Stewart, Marshall, and Blackmun.

Justices Concurring Specially: White, Powell, and Stevens.

Justices Dissenting: Chief Justice Burger and Rehnquist.

889. Lefkowitz v. Cunningham, 431 U.S. 801 (1977).

Statute automatically removing from office and disqualifying

from any office for next five years any political party officer who refuses to testify or to waive immunity against subsequent criminal

prosecution when subpoenaed before an authorized tribunal violates

Fifth Amendment self-incrimination clause.

Justices Concurring: Chief Justice Burger, Stewart, White, Blackmun, and

Powell.

Justices Concurring Specially: Brennan and Marshall.

Justice Dissenting: Stevens.

890. Nyquist v. Mauclet, 432 U.S. 1 (1977).

Statutory provision barring from access to state financial assistance for higher education aliens who have not either applied for citizenship or affirmed the intent to apply when they qualify violates

equal protection clause.

Justices Concurring: Blackmun, Brennan, White, Marshall, and Stevens.

Justices Dissenting: Chief Justice Burger, Powell, Stewart, Rehnquist.
STATE ACTS HELD UNCONSTITUTIONAL 2187

891. Hunt v. Washington State Apple Advertising Comm’n, 432 U.S. 333

(1977).

Statute requiring that all apples sold or shipped into State in

closed containers be identified by no grade on containers other than

applicable federal grade or a designation that apples are ungraded

violates commerce clause by burdening and discriminating against

interstate sale of Washington apples.

892. Wolman v. Walter, 433 U.S. 229 (1977).

Provision of loan of instructional material and equipment to

nonpublic religious schools and transportation and services for field

trips for nonpublic school pupils violates First Amendment religion

clauses.

Justices Concurring: Blackmun, Brennan, Stewart, Marshall, and Stevens.

Justices Dissenting: Chief Justice Burger, White, Rehnquist; Powell (as to

field trips only).

893. Shaffer v. Heitner, 433 U.S. 186 (1977).

Statute authorizing a court of the State to take jurisdiction of a

lawsuit by sequestering property of defendant that happens to be located in State violates due process clause because it permits state

courts to exercise jurisdiction in the absence of sufficient contacts

among defendant, litigation, and State.

894. Dothard v. Rawlinson, 433 U.S. 321 (1977).

Statutory height and weight requirements for prison guards have

impermissible discriminatory effect upon women and under supremacy clause must yield to federal fair employment law.

Justices Concurring: Stewart, Brennan, Marshall, Blackmun, Powell,

Rehnquist, Stevens, and Chief Justice Burger.

Justice Dissenting: White.

895. Jernigan v. Lendall, 433 U.S. 901 (1977).

District court decision invalidating law that requires independent

candidate for office to file for office no later than first Tuesday in

April is summarily affirmed.

896. Coker v. Georgia, 433 U.S. 584 (1977).

Statute authorizing death penalty as punishment for rape violates Eighth Amendment.

Justices Concurring: White, Stewart, Blackmun, and Stevens.

Justices Concurring Specially: Brennan, Marshall, and Powell.

Justices Dissenting: Chief Justice Burger and Rehnquist.

897. Maher v. Buckner, 434 U.S. 898 (1977).

Statutory rule rendering ineligible for welfare benefits individuals

who have transferred assets within seven years of applying for benefits unless they can prove the transfer was made for ‘‘reasonable con-
2188 STATE ACTS HELD UNCONSTITUTIONAL

sideration’’ is inconsistent with Social Security Act and therefore falls

under supremacy clause.

898. New York v. Cathedral Academy, 434 U.S. 125 (1977).

Authorization for reimbursement to nonpublic schools for performance of certain state-mandated services for remainder of school

year to replace reimbursement program declared unconstitutional also

violates First Amendment religion clause.

Justices Concurring: Stewart, Brennan, Marshall, Blackmun, Powell, and Stevens.

Justices Dissenting: White, Rehnquist, and Chief Justice Burger.

899. Zablocki v. Redhail, 434 U.S. 374 (1978).

Statute that requires court permission to marry of any resident

having minor children and in his custody and who is under a court

order to support and that conditions permission on showing that support obligation has been met and that the children are not and are

not likely to become public charges violates equal protection clause.

Justices Concurring: Marshall, Brennan, White, Blackmun, and Chief Justice

Burger.

Justices Concurring Specially: Stewart, Powell, and Stevens.

Justice Dissenting: Rehnquist.

900. Ray v. Atlantic Richfield Co., 435 U.S. 151 (1978).

Certain provisions of statute imposing design or safety standards

on oil tankers using state waters and banning operation in those waters of tankers exceeding certain weights, as well as certain pilotage

requirements, are invalid under the supremacy clause as conflicting

with federal law.

Justices Concurring: White, Stewart, Blackmun, Powell, and Stevens, and

Chief Justice Burger.

Justices Dissenting (in part): Marshall, Brennan, and Rehnquist.

901. Ballew v. Georgia, 435 U.S. 223 (1978).

Provisions of state law directing certain trials in criminal cases

to be before five-person juries unconstitutionally impair the right to

trial by jury.

902. McDaniel v. Paty, 435 U.S. 618 (1978).

Statutory qualification of convention delegates by incorporating

state constitutional ban on ministers or priests violates the Constitution.

903. First Nat’l Bank v. Bellotti, 435 U.S. 765 (1978).

Criminal statute that banned banks and business corporations

from making expenditures to influence referendum votes on any questions not affecting the property, business, or assets of the corporation

violated the First Amendment.
STATE ACTS HELD UNCONSTITUTIONAL 2189

Justices Concurring: Powell, Stewart, Blackmun, Stevens, and Chief Justice

Burger.

Justices Dissenting: White, Brennan, Marshall, and Rehnquist.

904. Landmark Communications v. Virginia, 435 U.S. 829 (1978).

Statute making it a misdemeanor to divulge information regarding proceedings before a state judicial review commission cannot constitutionally be applied to persons who are not parties before the commission.

905. Hicklin v. Orbeck, 437 U.S. 518 (1978).

Law mandating that state residents be preferred to nonresidents

in employment on oil and gas pipeline work violates Article IV, § 2,

the privileges and immunities clause.

906. City of Philadelphia v. New Jersey, 437 U.S. 617 (1978).

Law prohibiting importation into State for disposal at landfills of

solid or liquid waste violates commerce clause.

Justices Concurring: Stewart, Brennan, White, Marshall, Blackmun, Powell,

and Stevens.

Justices Dissenting: Rehnquist and Chief Justice Burger.

907. Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978).

Statutory imposition on existing negotiated collective bargaining

agreements of different terms respecting pensions impaired the employer’s rights under the obligation of contracts clause.

Justices Concurring: Stewart, Powell, Rehnquist, Stevens, and Chief Justice

Burger.

Justices Dissenting: Brennan, White, and Marshall.

908. Lockett v. Ohio, 438 U.S. 586 (1978).

Statute authorizing imposition of death penalty upon conviction

of first-degree murder unconstitutionally restricted consideration of

mitigating factors by the sentencing party.

Justices Concurring: Chief Justice Burger and Stewart, Powell, and Stevens.

Justices Concurring Specially: White, Marshall, and Blackmun.

Justices Dissenting: Rehnquist.

909. Duren v. Missouri, 439 U.S. 357 (1979).

Statute, implementing a constitutional provision, which provides

for the excusal of any women requesting exemption from jury service,

operates to violate the fair cross section requirement of Sixth and

Fourteenth Amendments because of the underrepresentation of

women jurors that results.

Justices Concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell,

Stevens, and Chief Justice Burger.

Justice Dissenting: Rehnquist.
2190 STATE ACTS HELD UNCONSTITUTIONAL

910. Hisquierdo v. Hisquierdo, 439 U.S. 572 (1979).

California community property statute under which property acquired during the marriage by either spouse belongs to both may not

be applied to award a divorced spouse an interest in the other

spouse’s pension benefits under Railroad Retirement Act, because Act

precludes subjecting benefits to any legal process to deprive recipient

of it.

Justices Concurring: Blackmun, Brennan, White, Marshall, Powell, Stevens,

and Chief Justice Burger.

Justices Dissenting: Stewart and Rehnquist.

911. Colautti v. Franklin, 439 U.S. 379 (1979).

Provisions of abortion law that require the physician to make a

determination that the fetus is not viable and if it is viable to exercise

the same care to preserve the fetus’ life and health as would be required in the case of a fetus intended to be born alive are void for

vagueness under the due process clause of the Fourteenth Amendment.

Justices Concurring: Blackmun, Brennan, Stewart, Marshall, Powell, and Stevens.

Justices Dissenting: White, Rehnquist, and Chief Justice Burger.

912. Miller v. Youakim, 440 U.S. 125 (1979).

Provision of state law differentiating between children who reside

in foster homes with relatives and those who do not reside with relatives and giving the latter greater benefits than the former conflicts

with federal law which requires the same benefits be provided regardless of whether the foster home is operated by a relative, and thus

must yield under the supremacy clause of Article VI.

913. Illinois State Bd. of Elections v. Socialist Workers Party, 440 U.S. 173

(1979).

Law requiring new political parties and independent candidates

to obtain signatures of 5% of the number of persons who voted at the

previous election for such office in order to get on the ballot in political subdivisions of the State, insofar as it applies to mandate the obtaining of a greater number and proportion of signatures than is required to get on the ballot for statewide office, lacks a rational basis

and violates the equal protection clause of the Fourteenth Amendment.

Justices Concurring: Marshall, Brennan, Stewart, White, and Powell.

Justices Concurring Specially: Blackmun, Stevens, Rehnquist, and Chief Justice Burger.
STATE ACTS HELD UNCONSTITUTIONAL 2191

914. Orr v. Orr, 440 U.S. 268 (1979).

Alabama statute which imposes alimony obligations on husbands

but not wives violates the equal protection clause of the Fourteenth

Amendment.

Justices Concurring: Brennan, Stewart, White, Marshall, Blackmun, and Stevens.

Justices Dissenting (on other grounds): Powell, Rehnquist, and Chief Justice

Burger.

915. Ashcroft v. Freiman, 440 U.S. 941 (1979).

Federal court decision invalidating under the Fourteenth Amendment’s due process clause a Missouri statute requiring a doctor to verbally inform any woman seeking abortion that, if live born infant results, woman will lose her parental rights, is summarily affirmed.

916. Quern v. Hernandez, 440 U.S. 951 (1979).

District court decision voiding as denial of due process under

Fourteenth Amendment Illinois attachment law because it permits attachment prior to filing of complaint and prior to notice to debtor is

summarily affirmed.

917. Burch v. Louisiana, 441 U.S. 130 (1979).

State statutory implementation of constitutional provision permitting conviction for a nonpetty offense by five out of six jurors violates the right to trial by jury guaranteed by the Sixth and Fourteenth Amendments.

918. Arizona Pub. Serv. Co. v. Snead, 441 U.S. 141 (1979).

Imposition of tax upon electricity produced in State and sold outside State which is not offset against other taxes as is the case with

electricity sold within State violates federal statute prohibiting any

State from taxing the generation or transmission of electricity in a

manner that discriminates against out-of-state consumers and thus is

unenforceable under the supremacy clause.

919. Hughes v. Oklahoma, 441 U.S. 322 (1979).

Statute prohibiting transportation or shipment for sale outside

the State of natural minnows seined or procured from waters within

the State violates the commerce clause.

Justices Concurring: Brennan, Stewart, White, Marshall, Blackmun, Powell,

and Stevens.

Justices Dissenting: Rehnquist and Chief Justice Burger.

920. Caban v. Mohammed, 441 U.S. 380 (1979).

New York law permitting an unwed mother but not an unwed father to block the adoption of their child by withholding consent is an

impermissible gender distinction violative of the equal protection

clause of the fourteenth Amendment.
2192 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: Powell, Brennan, White, Marshall, Blackmun.

Justices Dissenting; Stewart, Stevens, Rehnquist, and Chief Justice Burger.

921. Japan Line v. County of Los Angeles, 441 U.S. 434 (1979).

Imposition of California ad valorem property tax upon cargo containers which are based, registered, and subjected to property tax in

Japan results in multiple taxation of instrumentalities of foreign commerce and violates the commerce clause.

Justices Concurring: Blackmun, Brennan, Stewart, White, Marshall, Powell,

Stevens, and Chief Justice Burger.

Justice Dissenting: Rehnquist.

922. Beggans v. Public Funds for Public Schools, 442 U.S. 907 (1979).

Federal court decision invalidating New Jersey statute that allowed taxpayers personal deduction from gross income for each of

their dependent children attending nonpublic elementary or secondary schools as a violation of the First Amendment’s religion clause is

summarily affirmed.

923. Torres v. Puerto Rico, 442 U.S. 465 (1979).

Statute authorizing police to search the luggage of any person arriving in Puerto Rico from the United States without a warrant or

probable cause violates the Fourth Amendment.

924. Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979).

West Virginia statute that makes it a crime for a newspaper to

publish, without the written approval of the juvenile court, the name

of any youth charged as a juvenile offender violates the First and

Fourteenth Amendments.

925. Bellotti v. Baird, 443 U.S. 622 (1979).

Massachusetts law requiring parental consent for an abortion for

a woman under age 18 and providing for a court order permitting

abortion for good cause if parental consent is refused violates the due

process clause of the Fourteenth Amendment.

Justices Concurring: Powell, Stewart, Rehnquist, and Chief Justice Burger.

Justices Concurring Specially: Stevens, Brennan, Marshall, Blackmun.

Justice Dissenting: White.

926. California Retail Liquor Dealers Ass’n v. Midcal Aluminum, 445 U.S.

97 (1980).

California statute requiring all wine producers and wholesalers to

file fair trade contracts or price schedules with the State and to follow

the price lists is a resale price maintenance scheme in violation of the

Sherman Act and cannot stand under the supremacy clause.

927. Vance v. Universal Amusement Co., 445 U.S. 308 (1980).

Texas public nuisance statute authorizing state judges, on the

basis of a showing that a theater exhibited obscene films in the past,
STATE ACTS HELD UNCONSTITUTIONAL 2193

to enjoin its future exhibition of films not yet found to be obscene is

an invalid prior restraint violative of the First and Fourteenth

Amendments.

Justices Concurring: Brennan, Stewart, Marshall, Blackmun, Stevens.

Justices Dissenting (on other grounds): Powell and Chief Justice Burger.

Justices Dissenting: White and Rehnquist.

928. Vitek v. Jones, 445 U.S. 480 (1980).

Nebraska statute which authorizes the authorities to summarily

transfer a prison inmate from jail to another institution if a physician

find he suffers from a mental disease or defect and cannot be given

proper treatment in jail violates the liberty guaranteed by the due

process clause of the Fourteenth Amendment unless the transfer is

accompanied by adequate procedural protections.

Justices Concurring: White, Brennan, Marshall, Powell, Stevens.

Justices Dissenting (on other grounds): Stewart, Blackmun, Rehnquist, and

Chief Justice Burger.

929. Payton v. New York, 445 U.S. 573 (1980).

Statute authorizing police officers to enter a private residence

without a warrant and without necessarily exigent circumstances to

effectuate a felony arrest violates the Fourth and Fourteenth Amendments.

Justices Concurring: Stevens, Brennan, Stewart, Marshall, Blackmun, Powell.

Justices Dissenting: White, Rehnquist, Chief Justice Burger.

930. Wengler v. Druggists Mutual Ins. Co., 446 U.S. 142 (1980).

Missouri workers’ compensation law denying a widower benefits

on his wife’s work-related death unless he either is mentally or physically incapacitated or proves dependence on her earnings, but granting a widow death benefits regardless of her dependency, is a gender

discrimination violative of the equal protection clause of the Fourteenth Amendment.

Justices Concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell,

and Chief Justice Burger.

Justice Dissenting: Rehnquist.

931. Lewis v. BT Investment Managers, 447 U.S. 27 (1980).

Florida statute prohibiting out-of-state banks, bank holding companies, and trust companies from owning or controlling a business

within the State that sells investment advisory services violates the

commerce clause.

932. Washington v. Confederated Tribes, 447 U.S. 134 (1980).

Imposition of state motor vehicle excise tax and mobile home,

camper, and trailer taxes to vehicles owned by the Tribe or its members and used both on and off the reservation violates federal law and

cannot stand under the supremacy clause.
2194 STATE ACTS HELD UNCONSTITUTIONAL

Justices Concurring: White, Brennan, Marshall, Blackmun, Powell, Stevens,

and Chief Justice Burger.

Justices Dissenting: Stewart and Rehnquist.

933. Carey v. Brown, 447 U.S. 455 (1980).

Illinois statute that prohibits picketing of residences or dwellings,

but exempts peaceful picketing of such buildings that are places of

employment in which there is a labor dispute, violates the equal protection clause of the Fourteenth Amendment.

Justices Concurring: Brennan, Stewart, White, Marshall, Powell, Stevens.

Justices Dissenting: Rehnquist, Blackmun, Chief Justice Burger.

934. Beck v. Alabama, 447 U.S. 625 (1980).

Capital punishment statute which forbids giving the jury the option of convicting a defendant of a lesser included offense but requires

it to convict on the capital offense or acquit violates the Eighth and

Fourteenth Amendments.

935. White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980).

Imposition of Arizona motor carrier license tax and use fuel tax

to non-Indian enterprise authorized to do business in Arizona but operating entirely on reservation conflicts with federal law and cannot

stand under the supremacy clause.

Justices Concurring: Marshall, Brennan, White, Blackmun, Powell, and Chief

Justice Burger.

Justices Dissenting: Stevens, Stewart, Rehnquist.

936. Central Machinery Co. v. Arizona State Tax Comm’n, 448 U.S. 160

(1980).

Imposition of tax upon on-reservation sale of farm machinery to

Indian tribe by non-Indian, off-reservation enterprise conflicts with

federal law and is invalid under the supremacy clause.

Justices Concurring: Marshall, Brennan, White, Blackmun, and Chief Justice

Burger.

Justices Dissenting: Stewart, Powell, Rehnquist, Stevens.

937. Minnesota v. Planned Parenthood, 448 U.S. 901 (1980).

Federal court decision holding that statute authorizing grants for

prepregnancy family planning to hospitals and health maintenance

organizations but prohibiting such grants to other nonprofit organizations if they perform abortions violates equal protection clause is

summarily affirmed.

938. Stone v. Graham, 449 U.S. 39 (1980).

Statute requiring copy of Ten Commandments, purchased with

private contributions, to be posted on the wall of each public classroom in the State violates the establishment clause of the First

Amendment.
STATE ACTS HELD UNCONSTITUTIONAL 2195

Justices Concurring: Brennan, White, Marshall, Powell, Stevens.

Justices Dissenting: Chief Justice Burger and Blackmun, Stewart, Rehnquist.

939. Webb’s Fabulous Pharmacies v. Beckwith, 449 U.S. 155 (1980).

Statutory authorization for county to retain as its own interest

accruing on interpleader fund deposited in registry of county court

was a taking violating the Fifth and Fourteenth Amendments.

940. Weaver v. Graham, 450 U.S. 24 (1981).

Statute repealing an earlier law and reducing the amount of

‘‘gain time’’ for good conduct and obedience to prison rules deducted

from a convicted prisoner’s sentence is an invalid ex post facto law

as applied to one whose crime was committed prior to the statute’s

enactment.

941. Jefferson County v. United States, 450 U.S. 901 (1981).

Court of Appeals decision holding invalid a state statute that imposed use tax on government-owned, contractor operated facility as

constituting ad valorem general property tax on federal government

property and thus contravening the supremacy clause is summarily

affirmed.

942. Democratic Party v. Wisconsin ex rel. La Follette, 450 U.S. 107 (1981).

State law mandating national convention delegates chosen at party’s state convention to vote at the national convention for the candidate prevailing in the State’s preference primary, in which voters

may participate without regard to party affiliation, violates the First

Amendment right of association of the national party, whose rules

preclude seating of delegates who were not selected in accordance

with national party rules, including the limiting of the selection process to those voters affiliated with the party.

Justices Concurring: Stewart, Brennan, White, Marshall, Stevens, and Chief

Justice Burger.

Justices Dissenting: Powell, Blackmun, Rehnquist.

943. Chicago & North Western Transp. Co. v. Kalo Brick & Tile Co., 450

U.S. 311 (1981).

State statute subjecting to damages a common carrier who abandons service and thereby injures shippers is preempted by the Interstate Commerce Act, which empowers ICC to approve cessation of

service on branch lines upon carrier petitions, and is void under the

supremacy clause.

944. Kirchberg v. Feenstra, 450 U.S. 455 (1981).

Statute giving husband unilateral right to dispose of jointlyowned community property without wife’s consent is an impermissible

sex classification and violates equal protection clause.
2196 STATE ACTS HELD UNCONSTITUTIONAL

945. Kassel v. Consolidated Freightways Corp., 450 U.S. 662 (1981).

Statute barring 65-foot double-trailer trucks on State’s highways,

while all neighboring States permit them, violates the commerce

clause.

Justices Concurring: Powell, White, Blackmun, Stevens.

Justices Concurring Specially: Brennan and Marshall.

Justices Dissenting: Rehnquist, Stewart, Chief Justice Burger.

946. Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504 (1981).

Workmen’s compensation provision denying employers right to reduce retiree’s pension benefits by amount of compensation award

under act is preempted by federal pension regulation law and is invalid under the supremacy clause.

947. Maryland v. Louisiana, 451 U.S. 725 (1981).

State first-use tax statute which, because of exceptions and credits, imposes a tax only on natural gas moving out-of-state

impermissibly discriminates against interstate commerce, and another provision that required pipeline companies to allocate cost of

tax to ultimate consumer is preempted by federal law.

948. Little v. Streater, 452 U.S. 1 (1981).

Provision requiring person in paternity action who requests blood

grouping tests to bear cost of tests denies due process in violation of

Fourteenth Amendment to an indigent against whom State has required institution of paternity action.

949. McCarty v. McCarty, 453 U.S. 210 (1981).

Community property statute to the extent it treated retired pay

of Army officer as property divisible between spouses on divorce is

preempted by federal law and cannot be applied under supremacy

clause.

Justices Concurring: Blackmun, White, Marshall, Powell, Stevens, Chief Justice Burger.

Justices Dissenting: Rehnquist, Brennan, Stewart.

950. Campbell v. John Donnelly & Sons, 453 U.S. 916 (1981).

Court of Appeals decision holding violative of First Amendment

a statute prohibiting roadside billboards, except for signs announcing

place and time of religious or civic events, election campaign signs,

and signs erected by historic and cultural institutions, is summarily

affirmed.

951. Agsalud v. Standard Oil Co., 454 U.S. 801 (1981).

Court of Appeals decision holding preempted by federal pension

law state law requiring employers to provide their employees with

comprehensive prepaid health care plan is summarily affirmed.
STATE ACTS HELD UNCONSTITUTIONAL 2197

952. Louisiana Dairy Stabilization Bd. v. Dairy Fresh Corp., 454 U.S. 884

(1981).

Court of Appeals decision holding violative of the commerce

clause a milk industry regulatory statute, which required all dairy

product processors, including out-of-state processors, who sell dairy

products to retailer or distributor for resale in State to pay assessment per unit of milk for use in administration and enforcement of

statute, is summarily affirmed.

953. Brockett v. Spokane Arcades, 454 U.S. 1022 (1981).

Court of Appeals decision holding violative of First Amendment

a statute which authorized courts to issue temporary and permanent

injunctions, without providing prompt trial on merits, against any

business that regularly sells or exhibits ‘‘lewd matter’’ is summarily

affirmed.

954. Firestone v. Let’s Help Florida, 454 U.S. 1130 (1982).

Court of Appeals decision holding violative of the First Amendment a statute that restricts size of contributions to political committees organized to support or oppose referenda is summarily affirmed.

955. Treen v. Karen B., 455 U.S. 912 (1982).

Court of Appeals decision holding violative of First Amendment

establishment clause statute authorizing school boards to permit students to participate in one-minute prayer period at start of school

day, upon parental consent, is summarily affirmed.

956. Santosky v. Kramer, 455 U.S. 745 (1982).

Provision of state law authorizing termination of parental rights

upon proof by only a fair preponderance of the evidence violates the

due process clause of the Fourteenth Amendment.

Justices Concurring: Blackmun, Brennan, Marshall, Powell, Stevens.

Justices Dissenting: Rehnquist, White, O’Connor, Chief Justice Burger.

957. California State Bd. of Equalization v. United States, 456 U.S. 901

(1982).

Court of Appeals decision invalidating as an impermissible infringement of the immunity of the United States from state taxation

a sales tax based on gross rentals paid by United States to lessors of

data processing and other equipment, which permitted lessor to maximize profit only by separately stating and collecting tax from lessee,

is summarily affirmed.

958. Brown v. Hartlage, 456 U.S. 45 (1982).

Statute prohibiting candidate from offering material benefits to

voters in consideration for their votes violates First Amendment

speech clause as applied to a candidate’s promise to lower salary of

his office if elected.
2198 STATE ACTS HELD UNCONSTITUTIONAL

959. Mills v. Habluetzel, 456 U.S. 91 (1982).

Statute imposing one-year period from date of birth to bring action to establish paternity of illegitimate child, paternity being necessary for child to obtain support from father at any time during his

minority, denies equal protection of the laws.

960. Larson v. Valente, 456 U.S. 228 (1982).

Provision of charitable solicitations law exempting from registration and reporting only those religious organizations that receive

more than half of their total contributions from members or affiliated

organizations is an impermissible denominational preference and violates First Amendment establishment clause.

Justices Concurring: Brennan, Marshall, Blackmun, Powell, Stevens.

Justices Dissenting: White, Rehnquist (on merits); O’Connor and Chief Justice

Burger (on standing).

961. Greene v. Lindsey, 456 U.S. 444 (1982).

Statute authorizing service of process in forcible entry and detainer action by posting summons in a conspicuous place if no one

could be found on premises denies due process on showing that notices are often removed before defendants find them.

Justices Concurring: Brennan, White, Marshall, Blackmun, Powell, Stevens.

Justices Dissenting: O’Connor, Rehnquist, Chief Justice Burger.

962. Zobel v. Williams, 457 U.S. 55 (1982).

State law providing a dividend distribution to all State’s adult

residents from earnings on oil and mineral development in State denies equal protection of the laws by determining amount of dividend

for each person by the length of residency in State.

Justices Concurring: Chief Justice Burger, Brennan, White, Marshall,

Blackmun, Powell, Stevens.

Justice Concurring Specially: O’Connor.

Justice Dissenting: Rehnquist.

963. Blum v. Bacon, 457 U.S. 132 (1982).

Provision of emergency assistance program precluding assistance

to persons receiving AFDC to replace a lost or stolen AFDC grant is

contrary to valid federal regulations proscribing inequitable treatment

under the emergency assistance program.

964. Plyler v. Doe, 457 U.S. 202 (1982).

Statute withholding state funds from local school districts for the

education of any children not legally admitted into United States and

authorizing boards to deny enrollment to such children denies the

equal protection of the laws.

Justices Concurring: Brennan, Marshall, Blackmun, Powell, Stevens.

Justices Dissenting: Chief Justice Burger, White, Rehnquist, O’Connor.
STATE ACTS HELD UNCONSTITUTIONAL 2199

965. Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982).

Statute requiring, under all circumstances, exclusion of press and

public during testimony of minor victim of a sex offense violates the

First Amendment.

Justices Concurring: Brennan, White, Marshall, Blackmun, Powell.

Justice Concurring Specially: O’Connor.

Justices Dissenting: Chief Justice Burger, Rehnquist, Stevens.

966. Edgar v. MITE Corp., 457 U.S. 624 (1982).

Take-over statute which extensively regulates tender offerors and

imposes registration and reporting requirements, because it directly

regulates and prevents interstate tender offers and because the burdens on interstate commerce are excessive compared with local interests served, violates the commerce clause.

Justices Concurring: White, Blackmun, Powell, Stevens, O’Connor, Chief Justice Burger.

Justices Dissenting: Marshall, Brennan, Rehnquist (all on mootness grounds).

967. Fidelity Fed. S. & L. v. De la Cuesta, 458 U.S. 141 (1982).

Statutory provision barring unreasonable restraints on alienation,

construed to prohibit ‘‘due-on-sale’’ clauses in mortgage contracts, is

preempted by Federal Home Loan Bank Board regulations permitting

federal savings and loan associations to include such clauses in their

contracts.

Justices Concurring: Blackmun, Brennan, White, Marshall, O’Connor, Chief

Justice Burger.

Justices Dissenting: Rehnquist, Stevens.

968. Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982).

Statute requiring landlords to permit installation of cable television wiring on their property and limiting fee charged to that determined to be reasonable by a commission (which set a one-time $1 fee)

constituted a taking of property in violation of the Fifth and Fourteenth Amendments.

969. Washington v. Seattle School Dist., 458 U.S. 457 (1982).

Statutory provision, enacted by initiative vote of the electorate,

barring school boards from busing students for racially integrative

purposes denies the equal protection of the laws.

Justices Concurring: Blackmun, Brennan, Marshall, White, Stevens.

Justices Dissenting: Powell, Rehnquist, O’Connor, Chief Justice Burger.

970. Enmund v. Florida, 458 U.S. 782 (1982).

Statute authorizing death penalty solely for participation in a

robbery in which another robber kills someone violates the Eighth

Amendment.

Justices Concurring: White, Brennan, Marshall, Blackmun, Stevens.
2200 STATE ACTS HELD UNCONSTITUTIONAL

Justices Dissenting: O’Connor, Powell, Rehnquist, Chief Justice Burger.

971. Ramah Navajo School Bd. v. Bureau of Revenue, 458 U.S. 832 (1982).

State tax imposed on the gross receipts that non-Indian construction company received from tribal school board for construction of

school for Indian children on reservation is preempted by federal law.

Justices Concurring: Marshall, Brennan, Blackmun, Powell, O’Connor, Chief

Justice Burger.

Justices Dissenting: Rehnquist, White, Stevens.

972. Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982).

State statute requiring a permit before anyone withdraws ground

water from any well located in the State and transports it across

state line and providing for denial of permit unless the State to which

the water will be transported grants reciprocal rights to withdraw

and transport water into this State violates the commerce clause.

Justices Concurring: Stevens, Brennan, White, Marshall, Blackmun, Powell,

Chief Justice Burger.

Justices Dissenting: Rehnquist, O’Connor.

974. Brown v. Socialist Workers ’74 Campaign Comm., 459 U.S. 87 (1982).

Ohio statute requiring candidates to disclose the names and addresses of campaign contributors and the recipients of campaign expenditures is invalid, under the First Amendment, as applied to a

minor political party whose members and supporters may be subjected to harassment or reprisals.

Justices concurring: Marshall, Brennan, White, Powell, and Chief Justice

Burger.

Justice concurring specially: Blackmun.

Justices concurring in part and dissenting in part: O’Connor, Rehnquist, and

Stevens.

975. Larkin v. Grendel’s Den, 459 U.S. 116 (1982).

Massachusetts statute permitting any church to block issuance of

a liquor license to any establishment to be located within 500 feet of

the church violates the Establishment Clause by delegating governmental decisionmaking to a church.

Justices concurring: Chief Justice Burger, and Brennan, White, Marshall,

Blackmun, Powell, and Stevens.

Justice dissenting: Rehnquist.

976. King v. Sanchez, 459 U.S. 801 (1982).

Federal district court’s decision invalidating New Mexico legislative reapportionment as violating the one person, one vote requirement of the Equal Protection Clause because the ‘‘votes cast’’ formula

resulted in substantial population variances among districts, is summarily affirmed.
STATE ACTS HELD UNCONSTITUTIONAL 2201

977. Memphis Bank & Trust Co. v. Garner, 459 U.S. 392 (1983).

Tennessee tax on the net earnings of banks, applied to interest

earned on obligations of the United States, is void under the Supremacy Clause as conflicting with 31 U.S.C. § 3124.

978. Busbee v. Georgia, 459 U.S. 1166 (1983).

Federal district court decision that Georgia congressional redistricting plan is invalid as having a racially discriminatory purpose in

conflict with the Voting Rights Act is summarily affirmed.

979. Minneapolis Star & Tribune Co. v. Minnesota Comm’r of Revenue, 460

U.S. 575 (1983).

Minnesota ink and paper use tax violates the First Amendment

by providing ‘‘differential treatment’’ for the press.

Justices concurring: O’Connor, Brennan, Marshall, Powell, Stevens, and Chief

Justice Burger.

Justices concurring specially: White and Blackmun.

Justice dissenting: Rehnquist.

980. Anderson v. Celebrezze, 460 U.S. 780 (1983).

Ohio statute requiring independent candidates for President and

Vice-President to file nominating petitions by March 20 in order to

qualify for the November ballot is unconstitutional as substantially

burdening the associational rights of the candidates and their supporters.

Justices concurring: Stevens, Brennan, Marshall, Blackmun, and Chief Justice

Burger.

Justices dissenting: Rehnquist, White, Powell, and O’Connor.

981. Kolender v. Lawson, 461 U.S. 352 (1983).

California statute requiring that a person detained in a valid

Terry stop provide ‘‘credible and reliable’’ identification is unconstitutionally vague in violation of the Fourteenth Amendment Due Process Clause.

Justices concurring: O’Connor, Brennan, Marshall, Blackmun, Powell, and

Stevens.

Justices dissenting: White and Rehnquist.

982. Pennsylvania Public Utility Comm’n v. CONRAIL, 461 U.S. 912 (1983).

Federal district court decision holding that federal statutes (the

Federal Railroad Safety Act and the locomotive boiler inspection laws)

preempt a Pennsylvania law requiring locomotives to maintain speed

records and indicators, summarily affirmed by an appeals court, is

summarily affirmed.

983. Pickett v. Brown, 462 U.S. 1 (1983).

Tennessee’s two-year statute of limitations for paternity and child

support actions violates the equal protection rights of illegitimates.
2202 STATE ACTS HELD UNCONSTITUTIONAL

984. Exxon Corp. v. Eagerton, 462 U.S. 176 (1983).

Prohibition on pass-through to consumers of increase in Alabama

oil and gas severance tax is invalid as conflicting with the Natural

Gas Act to the extent that it applies to sales of gas in interstate commerce.

985. Philco Aviation v. Shacket, 462 U.S. 406 (1983).

Illinois statute recognizing the validity of an unrecorded, oral sale

of an aircraft is preempted by the Federal Aviation Act’s provision

that unrecorded ‘‘instruments’’ of transfer are invalid.

986. Planned Parenthood Ass’n v. Ashcroft, 462 U.S. 476 (1983).

Missouri statute requiring that all abortions performed after the

first trimester of pregnancy be performed in a hospital unreasonably

infringes upon the right of a woman to have an abortion.

Justices concurring (on this issue only): Powell, Brennan, Marshall, Blackmun,

Stevens, and Chief Justice Burger.

Justices dissenting: O’Connor, White, and Rehnquist.

987. Karcher v. Daggett, 462 U.S. 725 (1983).

New Jersey congressional districting statute creating districts in

which the deviation between largest and smallest districts was 0.7%,

or 3,674 persons, violates Art. I, § 2’s ‘‘equal representation’’ requirement as not resulting from a good-faith effort to achieve population

equality.

Justices concurring: Brennan, Marshall, Blackmun, Stevens, and O’Connor.

Justices dissenting: White, Powell, Rehnquist, and Chief Justice Burger.

988. Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983).

Indiana statute providing for constructive notice to mortgagee of

tax sale of real property violates the Due Process Clause of the Fourteenth Amendment; instead, personal service or notice by mail is required.

Justices concurring: Marshall, Brennan, White, Blackmun, Stevens, and Chief

Justice Burger.

Justices dissenting: O’Connor, Powell, and Rehnquist.

989. Shaw v. Delta Air Lines, 463 U.S. 85 (1983).

The New York Human Rights Law is preempted by ERISA to the

extent that it prohibits practices that are lawful under the federal

law.

990. American Bank & Trust Co. v. Dallas County, 463 U.S. 855 (1983).

Texas property tax on bank shares, computed on the basis of a

bank’s net assets without any deduction for the value of United

States obligations held by the bank, is invalid as conflicting with Rev.

Stat. § 3701 (31 U.S.C. § 3124).
STATE ACTS HELD UNCONSTITUTIONAL 2203

Justices concurring: Blackmun, Brennan, White, Marshall, Powell, and Chief

Justice Burger.

Justices dissenting: Rehnquist and Stevens.

991. Arcudi v. Stone & Webster Engineering, 463 U.S. 1220 (1983).

Appeals court holding that Connecticut statute requiring employers to provide health and life insurance to former employees is preempted by ERISA as related to an employee benefit plan, is summarily affirmed.

992. Aloha Airlines v. Director of Taxation, 464 U.S. 7 (1983).

Hawaii ‘‘property tax’’ on the gross income of airlines operating

within the State is preempted by a federal prohibition on state taxes

on carriage of air passengers ‘‘or on the gross receipts derived therefrom.’’

993. Healy v. United States Brewers Ass’n, 464 U.S. 909 (1983).

Appeals court decision invalidating as an undue burden on interstate commerce the beer price ‘‘affirmation’’ provisions of Connecticut’s liquor control laws, which restrict out-of-state sales to prices set

for in-state sales, is summarily affirmed.

994. Southland Corp. v. Keating, 465 U.S. 1 (1984).

California franchise law, requiring judicial resolution of certain

claims, is preempted by the United States Arbitration Act, which precludes judicial resolution in state or federal courts of claims that contracting parties agree to submit to arbitration.

Justices concurring: Chief Justice Burger, and Brennan, Marshall, Blackmun,

and Powell.

Justice concurring in part and dissenting in part: Stevens.

Justices dissenting: O’Connor and Rehnquist.

995. Texas v. KVUE-TV, 465 U.S. 1092 (1984).

Appeals court holding that Texas statute regulating broadcast of

political advertisements is preempted by the Federal Election Campaign Act of 1971 to the extent that it imposes sponsorship identification requirements on advertising for candidates for federal office, and

to the extent that it conflicts with federal regulation of political advertising rates, is summarily affirmed.

996. Westinghouse Elec. Corp. v. Tully, 466 U.S. 388 (1984).

New York corporate franchise tax unconstitutionally discriminates against interstate commerce by allowing an offsetting credit for

receipts from products shipped from an in-state place of business.

997. Wallace v. Jaffree, 466 U.S. 924 (1984).

Appeals court decision holding invalid under the Establishment

Clause an Alabama statute authorizing the recitation in public

schools of a government-composed prayer is summarily affirmed.
2204 STATE ACTS HELD UNCONSTITUTIONAL

998. Bernal v. Fainter, 467 U.S. 216 (1984).

Texas requirement that a notary public be a United States citizen

furthers no compelling state interest and denies equal protection of

the laws to resident aliens.

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, Stevens,

O’Connor, and Chief Justice Burger.

Justice dissenting: Rehnquist.

999. Michigan Canners & Freezers Ass’n v. Agricultural Marketing and Bargaining Bd., 467 U.S. 461 (1984).

Michigan statute making agricultural producers’ associations the

exclusive bargaining agents and requiring payment of service fees by

non-member producers is preempted as conflicting with federal policy

of the Agricultural Fair Practices Act of 1967, protecting the right of

farmers to join or not join such associations.

1000. Armco, Inc. v. Hardesty, 467 U.S. 638 (1984).

West Virginia gross receipts tax on businesses selling tangible

property at wholesale unconstitutionally discriminates against interstate commerce due to exemption granted local manufacturers.

Justices concurring: Powell, Brennan, White, Marshall, Blackmun, Stevens,

O’Connor, and Chief Justice Burger.

Justice dissenting: Rehnquist.

1001. Capital Cities Cable v. Crisp, 467 U.S. 691 (1984).

Oklahoma Constitution’s general ban on advertising of alcoholic

beverages, as applied to out-of-state cable television signals carried by

in-state operators, is preempted by federal regulations implementing

the Communications Act.

1002. Secretary of State of Maryland v. Joseph H. Munson Co., 467 U.S. 947

(1984).

Maryland prohibition on charitable organizations paying more

than 25% of solicited funds for expenses of fundraising violates the

Fourteenth Amendment by creating an unnecessary risk of chilling

protected First Amendment activity.

Justices concurring: Blackmun, Brennan, White, Marshall, and Stevens.

Justices dissenting: Rehnquist, Powell, O’Connor, and Chief Justice Burger.

1003. Brown v. Brandon, 467 U.S. 1223 (1984).

Federal district court decision that Ohio congressional districting

plan is invalid because population variances were shown to be not unavoidable and were not justified by legitimate state interest is summarily affirmed.
STATE ACTS HELD UNCONSTITUTIONAL 2205

1004. Bacchus Imports v. Dias, 468 U.S. 263 (1984).

Hawaii excise tax on wholesale liquor sales, exempting sales of

specified local products, violates Commerce Clause by discriminating

in favor of local commerce.

Justices concurring: White, Marshall, Blackmun, Powell, and Chief Justice

Burger.

Justices dissenting: Stevens, Rehnquist, and O’Connor.

1005. Lawrence County v. Lead-Deadwood School Dist., 469 U.S. 256 (1985).

South Dakota statute requiring local governments to distribute

federal payments in lieu of taxes in the same manner that they distribute general tax revenues conflicts with the Payment in Lieu of

Taxes Act, which provides that the recipient local government may

use the payment for any governmental purpose.

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, O’Connor,

and Chief Justice Burger.

Justices dissenting: Rehnquist and Stevens.

1006. Deukmejian v. National Meat Ass’n, 469 U.S. 1100 (1985).

Appeals court holding that California tax on sales by out-of-state

beef processors discriminates against interstate commerce in violation

of the Commerce Clause, there being no corresponding and comparable tax on in-state processors, is summarily affirmed.

1007. Westhafer v. Worrell Newspapers, 469 U.S. 1200 (1985).

Appeals court decision holding invalid under the First Amendment an Indiana statute punishing as contempt the publication of the

name of an individual against whom a sealed indictment or information has been filed is summarily affirmed.

1008. Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869 (1985).

Alabama’s domestic preference tax, imposing a substantially

lower gross premiums tax rate on domestic insurance companies than

on out-of-state insurance companies, violates the Equal Protection

Clause.

Justices concurring: Powell, White, Blackmun, Stevens, and Chief Justice

Burger.

Justices dissenting: O’Connor, Brennan, Marshall, and Rehnquist.

1009. Board of Educ. v. National Gay Task Force, 470 U.S. 903 (1985).

Court of appeals decision holding unconstitutionally overbroad in

violation of the First and Fourteenth Amendments an Oklahoma statute prohibiting advocating, encouraging, or promoting homosexual

conduct is affirmed by equally divided vote.
2206 STATE ACTS HELD UNCONSTITUTIONAL

1010. Hunter v. Underwood, 471 U.S. 222 (1985).

Provision of Alabama Constitution requiring disenfranchisement

for crimes involving moral turpitude, adopted in 1901 for the purpose

of racial discrimination, violates the Equal Protection Clause.

1011. Williams v. Vermont, 472 U.S. 14 (1985).

Vermont use tax discriminating between residents and nonresidents in application of a credit for automobile sales taxes paid to

another state violates the Equal Protection Clause.

Justices concurring: White, Brennan, Marshall, Stevens, and Chief Justice

Burger.

Justices dissenting: Blackmun, Rehnquist, and O’Connor.

1012. Wallace v. Jaffree, 472 U.S. 38 (1985).

Alabama statute authorizing a one-minute period of silence in

public schools ‘‘for meditation or voluntary prayer’’ violates the Establishment Clause, the record indicating that the sole legislative purpose in amending the statute to add ‘‘or voluntary prayer’’ was to return voluntary prayer to the public schools.

Justices concurring: Stevens, Brennan, Marshall, Blackmun, and Powell.

Justice concurring specially: O’Connor.

Justices dissenting: White, Rehnquist, and Chief Justice Burger.

1013. Jensen v. Quaring, 472 U.S. 478 (1985).

Appeals court decision holding invalid Nebraska’s driver’s licensing requirement that applicant be photographed, and that photo be

affixed to license, as burdening the free exercise of sincerely held religious beliefs against submitting to being photographed, is affirmed by

equally divided vote.

1014. Brockett v. Spokane Arcades, 472 U.S. 491 (1985).

Washington ‘‘moral nuisance’’ statute is invalid under the First

Amendment to the extent that it proscribes exhibition of films or sale

of publications inciting ‘‘lust,’’ defined as referring to normal sexual

desires.

Justices concurring: White, Blackmun, Rehnquist, Stevens, O’Connor, and

Chief Justice Burger.

Justices dissenting on other grounds: Brennan and Marshall.

1015. Hooper v. Bernalillo County Assessor, 472 U.S. 612 (1985).

New Mexico property tax exemption for Vietnam War veterans

who became residents before May 8, 1976, violates the Equal Protection Clause as not meeting the rational basis test.

Justices concurring: Chief Justice Burger and Brennan, White, Marshall, and

Blackmun.

Justices dissenting: Stevens, Rehnquist, and O’Connor.
STATE ACTS HELD UNCONSTITUTIONAL 2207

1016. Estate of Thornton v. Caldor, Inc., 472 U.S. 703 (1985).

Connecticut statute requiring employers to honor the Sabbath

day of the employee’s choice violates the Establishment Clause.

Justices concurring: Chief Justice Burger and Brennan, White, Marshall,

Blackmun, Powell, Stevens, and O’Connor.

Justice dissenting: Rehnquist.

1017. Gerace v. Grocery Mfrs. of America, 474 U.S. 801 (1985).

Appeals court decision holding that federal laws (the Food, Drug,

and Cosmetic Act; the Meat Inspection Act; and the Poultry Products

Act) preempt a New York requirement that cheese alternatives be labeled ‘‘imitation’’ is summarily affirmed.

1018. Wisconsin Dep’t of Industry v. Gould, Inc., 475 U.S. 282 (1986).

Wisconsin statute debarring from doing business with the state

persons or firms guilty of repeat violations of the National Labor Relations Act is preempted by that Act.

1019. Exxon Corp. v. Hunt, 475 U.S. 355 (1986).

New Jersey statute creating an oil spill compensation fund is preempted in part by the Comprehensive Environmental Response, Compensation, and Liability Act to the extent that the state fund is used

to finance cleanup activities at sites listed in the National Contingency Plan.

Justices concurring: Marshall, Brennan, White, Blackmun, Rehnquist, O’Connor, and Chief Justice Burger.

Justice dissenting: Stevens.

1020. Philadelphia Newspapers v. Hepps, 475 U.S. 767 (1986).

Pennsylvania statute incorporating the common law rule that defamatory statements are presumptively false violates the First

Amendment as applied to a libel action brought by a private figure

against a media defendant; instead, the plaintiff must bear the burden of establishing falsity.

Justices concurring: O’Connor, Brennan, Marshall, Blackmun, and Powell.

Justices dissenting: Stevens, White, Rehnquist, and Chief Justice Burger.

1021. Brown-Forman Distillers v. New York State Liquor Auth., 476 U.S.

573 (1986).

New York affirmation law, having the practical effect of controlling liquor prices in other states, violates the Commerce Clause.

Justices concurring: Marshall, Powell, O’Connor, and Chief Justice Burger.

Justice concurring specially: Blackmun.

Justices dissenting: Stevens, White, and Rehnquist.
2208 STATE ACTS HELD UNCONSTITUTIONAL

1022. Thornburgh v. American College of Obstetricians and Gynecologists,

476 U.S. 747 (1986).

Pennsylvania statute prescribing a variety of requirements for

performance of an abortion, including informed consent, reporting of

various information concerning the mother’s history and condition,

and standard-of-care and second-physician requirements after viability, infringes a woman’s Roe v. Wade right to have an abortion.

Justices concurring: Blackmun, Brennan, Marshall, Powell, and Stevens.

Justices dissenting: Chief Justice Burger, and White, Rehnquist, and O’Connor.

1023. Three Affiliated Tribes v. Wold Engineering, 476 U.S. 877 (1986).

North Dakota statute disclaiming jurisdiction over actions

brought by tribal Indians suing non-Indians in state courts over

claims arising in Indian country is preempted by federal Indian law

(Pub. L. 280).

Justices concurring: O’Connor, White, Marshall, Blackmun, Powell, and Chief

Justice Burger.

Justices dissenting: Rehnquist, Brennan, and Stevens.

1024. Attorney General of New York v. Soto-Lopez, 476 U.S. 898 (1986).

New York Civil Service Law employment preference for New

York residents who are honorably discharged veterans and were New

York residents when they entered military service violates the Equal

Protection Clause.

Justices concurring: Brennan, Marshall, Blackmun, and Powell.

Justices concurring specially: White and Chief Justice Burger.

Justices dissenting: Stevens, O’Connor, and Rehnquist.

1025. Offshore Logistics v. Tallentire, 477 U.S. 207 (1986).

Louisiana’s wrongful death statute is preempted by the Death on

the High Seas Act as applied to helicopter crash 35 miles off shore.

Justices concurring: O’Connor, White, Blackmun, Rehnquist, and Chief Justice

Burger.

Justices dissenting: Powell, Brennan, Marshall, and Stevens.

1026. Roberts v. Burlington Industries, 477 U.S. 901 (1986).

Appeals court holding that New York severance pay requirements

were preempted by ERISA is summarily affirmed.

1027. Brooks v. Burlington Industries, 477 U.S. 901 (1986).

Appeals court holding that North Carolina severance pay requirements were preempted by ERISA is summarily affirmed.

1028. Thornburg v. Gingles, 478 U.S. 30 (1986).

North Carolina legislative redistricting plan, creating

multimember districts having the effect of impairing the opportunity
STATE ACTS HELD UNCONSTITUTIONAL 2209

of black voters to participate in the political process, is invalid under

§ 2 of the Voting Rights Act.

Justices concurring: Brennan, White, Marshall, Blackmun, and Stevens.

Justices concurring specially: O’Connor, Powell, Rehnquist, and Chief Justice

Burger.

Justices concurring in part and dissenting in part: Stevens, Marshall, and

Blackmun.

1029. Rose v. Arkansas State Police, 479 U.S. 1 (1986).

A provision of Arkansas’ workers’ compensation act requiring

that death benefits be reduced by the amount of any federal benefits

paid is preempted by federal requirement that federal benefits be ‘‘in

addition to any other benefit due’’; a contrary ruling by an Arizona

appeals court is summarily reversed.

1030. Tashjian v. Republican Party of Connecticut, 479 U.S. 208 (1986).

Connecticut statute imposing a ‘‘closed primary’’ under which persons not registered with a political party may not vote in its primaries violates the First and Fourteenth Amendments by preventing

political parties from entering into political association with individuals of their own choosing.

Justices concurring: Marshall, Brennan, White, Blackmun, and Powell.

Justices dissenting: Stevens, Scalia, O’Connor, and Chief Justice Rehnquist.

1031. 324 Liquor Corp. v. Duffy, 479 U.S. 335 (1987).

Section of New York’s alcoholic beverage control law establishing

retail price maintenance violates section 1 of the Sherman Act, and

is not saved by the Twenty First Amendment.

Justices concurring: Powell, Brennan, White, Marshall, Blackmun, Stevens,

and Scalia.

Justices dissenting: O’Connor, and Chief Justice Rehnquist.

1032. Babbitt v. Planned Parenthood, 479 U.S. 925 (1986).

Appeals court decision invalidating Arizona statute prohibiting

grant of public funds to any organization performing abortion-related

services is summarily affirmed.

1033. California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987).

California statute governing the operation of bingo games is preempted as applied to Indian tribes conducting on-reservation games.

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, and Chief

Justice Rehnquist.

Justices dissenting: Stevens, O’Connor, and Scalia.

1034. Wilkinson v. Jones, 480 U.S. 926 (1987).

Appeals court decision holding unconstitutionally vague and

overbroad Utah statute barring cable television systems from showing

‘‘indecent material’’ is summarily affirmed.
2210 STATE ACTS HELD UNCONSTITUTIONAL

1035. Arkansas Writers’ Project, Inc. v. Ragland, 481 U.S. 221 (1987).

Arkansas sales tax exemption for newspapers and for ‘‘religious,

professional, trade, and sports journals’’ published within the state

violates the First and Fourteenth Amendments as a content-based

regulation of the press.

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, and O’Connor.

Justice concurring specially: Stevens.

Justices dissenting: Scalia, and Chief Justice Rehnquist.

1036. Miller v. Florida, 482 U.S. 423 (1987).

Florida’s revised sentencing guidelines law, under which the presumptive sentence for certain offenses was raised, contravenes the ex

post facto clause of Article I as applied to someone who committed

those offenses before the revision.

1037. Perry v. Thomas, 482 U.S. 483 (1987).

Federal Arbitration Act preempts section of California Labor

Code providing that actions for collection of wages may be maintained

‘‘without regard to the existence of any private agreement to arbitrate.’’

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, Scalia, and

Chief Justice Rehnquist.

Justices dissenting: Stevens and O’Connor.

1038. Booth v. Maryland, 482 U.S. 496 (1987).

Maryland statute requiring preparation of a ‘‘victim impact statement’’ describing the effect of a crime on a victim and his family violates the Eighth Amendment to the extent that it requires introduction of the statement at the sentencing phase of a capital murder

trial.

Justices concurring: Powell, Brennan, Marshall, Blackmun, and Stevens.

Justices dissenting: White, O’Connor, Scalia, and Chief Justice Rehnquist.

1039. Edwards v. Aguillard, 482 U.S. 578 (1987).

Louisiana statute mandating balanced treatment of ‘‘creationscience’’ and ‘‘evolution-science’’ in the public schools is an invalid establishment of religion in violation of the First Amendment.

Justices concurring: Brennan, Marshall, Powell, Stevens, and O’Connor.

Justice concurring specially: White.

Justices dissenting: Scalia and Chief Justice Rehnquist.

1040. Sumner v. Shuman, 483 U.S. 66 (1987).

Nevada statute under which a prison inmate convicted of murder

while serving a life sentence without possibility of parole is automatically sentenced to death is invalid under the Eighth Amendment as

preventing the sentencing authority from considering as mitigating

factors aspects of a defendant’s character or record.
STATE ACTS HELD UNCONSTITUTIONAL 2211

Justices concurring: Blackmun, Brennan, Marshall, Powell, Stevens, and

O’Connor.

Justices dissenting: White, Scalia, and Chief Justice Rehnquist.

1041. Tyler Pipe Indus. v. Washington State Dep’t of Revenue, 483 U.S. 232

(1987).

Washington manufacturing tax, applicable to products manufactured in-state and sold out-of-state, but containing an exemption for

products manufactured and sold in-state, discriminates against interstate commerce in violation of the Commerce Clause.

Justices concurring: Stevens, Brennan, White, Marshall, Blackmun, O’Connor.

Justices dissenting: Scalia, Chief Justice Rehnquist.

1042. American Trucking Ass’ns v. Scheiner, 483 U.S. 266 (1987).

Pennsylvania statutes imposing lump-sum annual taxes on operation of trucks on state’s roads violate the Commerce Clause as discriminating against interstate commerce.

Justices concurring: Stevens, Brennan, White, Marshall, Blackmun.

Justices dissenting: O’Connor, Powell, Chief Justice Rehnquist, and Scalia.

1043. Hartigan v. Zbaraz, 484 U.S. 171 (1987).

Federal appeals court ruling holding unconstitutional a provision

of the Illinois Parental Notice Abortion Act requiring that minors wait

24 hours after informing parents before having an abortion is affirmed by equally divided vote.

1044. Montana v. Crow Tribe of Indians, 484 U.S. 997 (1988).

Federal appeals court decision that Montana coal severance and

gross proceeds taxes, as applied to Indian-owned coal produced by

non-Indians, are preempted by federal Indian policies underlying the

Mineral Leasing Act of 1938, is summarily affirmed.

1045. Schneidewind v. ANR Pipeline Co., 485 U.S. 293 (1988).

Michigan statute requiring approval of Michigan Public Service

Commission before a natural gas company may issue long-term securities is preempted as applied to companies subject to FERC regulation under the Natural Gas Act.

1046. Bennett v. Arkansas, 485 U.S. 395 (1988).

Arkansas statute authorizing seizure of prisoners’ property in

order to defray costs of incarceration is invalid as applied to Social

Security benefits, exempted from legal process by 42 U.S.C. § 407(a).

1047. City of Manassas v. United States, 485 U.S. 1017 (1988).

Federal appeals court decision invalidating as discriminatory

against the United States a Virginia statute that imposes a personal

property tax on property leased from the United States, but not on

property leased from the Virginia Port Authority or from local transportation districts, is summarily affirmed.
2212 STATE ACTS HELD UNCONSTITUTIONAL

1048. New Energy Co. of Indiana v. Limbach, 486 U.S. 269 (1988).

Ohio statute granting a tax credit for ethanol fuel if the ethanol

was produced in Ohio, or if produced in another state which grants

a similar credit to Ohio-produced ethanol fuel, discriminates against

interstate commerce in violation of the Commerce Clause.

1049. Maynard v. Cartwright, 486 U.S. 356 (1988).

Oklahoma statutory aggravating circumstances, permitting imposition of capital punishment upon a jury’s finding that a murder was

‘‘especially heinous, atrocious, or cruel,’’ are unconstitutionally vague

in violation of the Eighth Amendment.

1050. Meyer v. Grant, 486 U.S. 414 (1988).

Colorado law punishing as felony the payment of persons who circulate petitions for ballot initiative abridges the right to engage in political speech, hence violates First and Fourteenth Amendments.

1051. Clark v. Jeter, 486 U.S. 456 (1988).

Pennsylvania 6-year statute of limitations for paternity actions

violates the Equal Protection Clause as insufficiently justified under

heightened scrutiny review.

1052. Shapero v. Kentucky Bar Ass’n, 486 U.S. 466 (1988).

Kentucky Supreme Court’s rule containing categorical prohibition

of attorney direct mail advertising targeted at persons known to face

particular legal problems violates First and Fourteenth Amendments.

Justices concurring: Brennan, White, Marshall, Blackmun, Stevens, and Kennedy.

Justices dissenting: O’Connor, Scalia, and Chief Justice Rehnquist.

1053. Mackey v. Lanier Collection Agency & Service, Inc., 486 U.S. 825

(1988).

Georgia statute barring garnishment of funds or benefits of employee benefit plans subject to ERISA is preempted by ERISA § 514(a)

as a state law that ‘‘relates to’’ covered plans.

Justices concurring: White, Brennan, Marshall, Stevens, and Chief Justice

Rehnquist.

Justices dissenting: Kennedy, Blackmun, O’Connor, and Scalia.

1054. Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U.S. 888

(1988).

Ohio statute tolling its 4-year limitations period for breach of contract and fraud actions brought against out-of-state corporations that

do not appoint an agent for service of process within the state—and

thereby subject themselves to the general jurisdiction of Ohio courts—

violates the Commerce Clause.

Justices concurring: Kennedy, Brennan, White, Marshall, Blackmun, Stevens,

and O’Connor.
STATE ACTS HELD UNCONSTITUTIONAL 2213

Justice concurring specially: Scalia.

Justice dissenting: Chief Justice Rehnquist.

1055. Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988).

Virginia Supreme Court rule imposing residency requirement for

admission to the bar on motion, without taking the bar exam, by persons licensed to practice law in other jurisdictions, violates the Privileges and Immunities Clause of Article IV, § 2.

Justices concurring: Kennedy, Brennan, White, Marshall, Blackmun, Stevens,

and O’Connor.

Justices dissenting: Chief Justice Rehnquist and Justice Scalia.

1056. Felder v. Casey, 487 U.S. 131 (1988).

Wisconsin’s notice-of-claim statute, requiring that persons suing

state or local governments or officials in state court must give notice

and then refrain from filing suit for an additional period, is preempted as applied to civil rights actions brought in state court under

42 U.S.C. § 1983.

Justices concurring: Brennan, White, Marshall, Blackmun, Stevens, Scalia,

and Kennedy.

Justices dissenting: O’Connor and Chief Justice Rehnquist.

1057. Boyle v. United Technologies Corp., 487 U.S. 500 (1988).

Virginia tort law governing product design defects is preempted

by federal common law as applied to suits against government contractors for damages resulting from design defects in military equipment if the equipment conformed to reasonably precise specifications

and if the contractor warned the government of known dangers.

Justices concurring: Scalia, White, O’Connor, Kennedy, and Chief Justice

Rehnquist.

Justices dissenting: Brennan, Marshall, Blackmun, and Stevens.

1058. Riley v. National Federation of the Blind, 487 U.S. 781 (1988).

Three different aspects of North Carolina’s Charitable Solicitations Act unconstitutionally infringe freedom of speech. These aspects

are: limitations on reasonable fees that professional fundraisers may

charge; a requirement that professional fundraisers disclose to potential donors the percentage of donated funds previously used for charity; and a requirement that professional fundraisers be licensed.

Justices concurring: Brennan, White, Marshall, Blackmun, Scalia, and Kennedy.

Justice concurring in part and dissenting in part: Stevens.

Justices dissenting: Chief Justice Rehnquist, and O’Connor.

1059. Thompson v. Oklahoma, 487 U.S. 815 (1988).

Oklahoma statutory scheme, setting no minimum age for capital

punishment, and separately providing that juveniles may be tried as

adults, violates Eighth Amendment by permitting capital punishment

to be imposed for crimes committed before age 16.
2214 STATE ACTS HELD UNCONSTITUTIONAL

Justices concurring: Stevens, Brennan, Marshall, and Blackmun.

Justice concurring specially: O’Connor.

Justices dissenting: Scalia, White, and Chief Justice Rehnquist.

1060. Coy v. Iowa, 487 U.S. 1012 (1988).

Iowa procedure, authorized by statute, placing a one-way screen

between defendant and complaining child witnesses in sex abuse

cases, thereby sparing witnesses from viewing defendant, violates the

Confrontation Clause right to face-to-face confrontation with one’s accusers.

Justices concurring: Scalia, Brennan, White, Marshall, Stevens, and O’Connor.

Justices dissenting: Blackmun, and Chief Justice Rehnquist.

1061. Allegheny Pittsburgh Coal Co. v. Webster County Comm’n, 488 U.S.

336 (1989).

West Virginia county’s tax assessments denied equal protection to

property owners whose assessments, based on recent purchase price,

ranged from 8 to 35 times higher than comparable neighboring property for which the assessor failed over a 10-year period to readjust appraisals.

1062. Texas Monthly, Inc. v. Bullock, 489 U.S. 1 (1989).

A Texas sales tax exemption for publications published or distributed by a religious faith and consisting of teachings of that faith or

writings sacred to that faith violates the Establishment Clause of the

First Amendment.

Justices concurring: Brennan, Marshall, Stevens.

Justices concurring specially: White, Blackmun, O’Connor.

Justices dissenting: Scalia, Kennedy, and Chief Justice Rehnquist.

1063. Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989).

A Florida statute prohibiting the use of the direct molding process to duplicate unpatented boat hulls, and creating a cause of action

in favor of the original manufacturer, is preempted by federal patent

law as conflicting with the balance Congress has struck between patent protection and free trade in industrial design.

1064. Eu v. San Francisco County Democratic Central Comm., 489 U.S. 214

(1989).

Provisions of California Elections Code forbidding the official governing bodies of political parties from endorsing or opposing candidates in primary elections, and imposing other requirements on the

organization and composition of the governing bodies, are invalid

under the First Amendment. The ban on endorsements violates free

speech and associational rights; the organizational restrictions violate

associational rights.
STATE ACTS HELD UNCONSTITUTIONAL 2215

1065. Barnard v. Thorstenn, 489 U.S. 546 (1989).

Virgin Islands’ rule requiring one year’s residency prior to admission to the bar violates the Privileges and Immunities Clause of Art.

IV, § 2. Justifications for the rule do not constitute ‘‘substantial’’ reasons for discriminating against nonresidents, nor does the discrimination bear a ‘‘substantial relation’’ to legitimate objectives.

Justices concurring: Kennedy, Brennan, Marshall, Blackmun, Stevens, and

Scalia.

Justices dissenting: Chief Justice Rehnquist and White and O’Connor.

1066. Davis v. Michigan Dep’t of Treasury, 489 U.S. 803 (1989).

Michigan’s income tax law, by providing exemption for retirement

benefits of state employees but not for retirement benefits of Federal

employees, discriminates against federal employees in violation of 4

U.S.C. § 111 and in violation of the constitutional doctrine of intergovernmental tax immunity.

Justices concurring: Kennedy, Brennan, White, Marshall, Blackmun, O’Connor, Scalia, and Chief Justice Rehnquist.

Justice dissenting: Stevens.

1067. Quinn v. Millsap, 491 U.S. 95 (1989).

A provision of the Missouri Constitution, interpreted by the Missouri Supreme Court as requiring property ownership as a qualification for appointment to a ‘‘board of freeholders’’ charged with making

recommendations for reorganization of St. Louis city and county governments, violates the Equal Protection Clause.

1068. Healy v. Beer Institute, 491 U.S. 324 (1989).

Connecticut’s beer price affirmation law, requiring out-of-state

shippers to affirm that prices charged in-state wholesalers are no

higher than prices charged contemporaneously in three bordering

states, violates the Commerce Clause.

Justices concurring: Blackmun, Brennan, White, Marshall, and Kennedy.

Justice concurring specially: Scalia.

Justices dissenting: Chief Justice Rehnquist, and Stevens O’Connor.

1069. Texas v. Johnson, 491 U.S. 397 (1989).

Texas’ flag desecration statute, prohibiting any physical mistreatment of the American flag that the actor knows would seriously offend other persons, is inconsistent with the First Amendment as applied to an individual who burned an American flag as part of a political protest.

Justices concurring: Brennan, Marshall, Blackmun, Scalia, and Kennedy.

Justices dissenting: Chief Justice Rehnquist and White, O’Connor, and Stevens.
2216 STATE ACTS HELD UNCONSTITUTIONAL

1070. The Florida Star v. B.J.F., 491 U.S. 524 (1989).

A Florida statute making it unlawful to print the name of a sexual assault victim is invalid under the First Amendment as applied

to uphold an award of damages against a newspaper for publishing

a sexual assault victim’s name when the information was truthful,

was lawfully obtained, and was otherwise publicly available as a result of a botched press release from the sheriff’s department.

Justices concurring: Marshall, Brennan, Blackmun, Stevens, and Kennedy.

Justice concurring specially: Scalia.

Justices dissenting: White, O’Connor, and Chief Justice Rehnquist.

1071. McKoy v. North Carolina, 494 U.S. 433 (1990).

North Carolina’s capital sentencing statute, interpreted to prevent a jury from considering any mitigating factor that the jury does

not unanimously find, violates the Eighth Amendment. Instead, each

juror must be allowed to consider and give effect to what he or she

believes to be established mitigating evidence.

Justices concurring: Marshall, Brennan, White, Blackmun, and Stevens.

Justice concurring specially: Kennedy.

Justices dissenting: Scalia, O’Connor, and Chief Justice Rehnquist.

1072. Butterworth v. Smith, 494 U.S. 624 (1990).

A Florida statute prohibiting the disclosure of grand jury testimony violates the First Amendment insofar as it prohibits a grand

jury witness from disclosing, after the term of the grand jury has

ended, information covered by his own testimony.

1073. Peel v. Illinois Attorney Disciplinary Comm’n, 496 U.S. 91 (1990).

An Illinois rule of professional responsibility violates the First

Amendment by completely prohibiting an attorney from holding himself out as a civil trial specialist certified by the National Board of

Trial Advocacy.

Justices concurring: Stevens, Brennan, Blackmun, and Kennedy.

Justice concurring specially: Marshall.

Justices dissenting: White, O’Connor, Scalia, and Chief Justice Rehnquist.

1074. Hodgson v. Minnesota, 497 U.S. 417 (1990).

Minnesota’s requirement that a woman under 18 years of age notify both her parents before having an abortion is invalid as a denial

of due process because ‘‘it does not reasonably further any legitimate

state interest.’’ However, an alternative judicial bypass system saves

the statute as a whole.

Justices concurring: Stevens, Brennan, Marshall, Blackmun, and O’Connor.

Justices dissenting: Kennedy, White, Scalia, and Chief Justice Rehnquist.

1075. FMC Corp. v. Holliday, 498 U.S. 52 (1990).

A provision of Pennsylvania’s motor vehicle financial responsibility law prohibiting subrogation and reimbursement from a claimant’s
STATE ACTS HELD UNCONSTITUTIONAL 2217

tort recovery for benefits received from a self-insured health care plan

is preempted by ERISA as ‘‘relat[ing] to [an] employee benefit plan.’’

Justices concurring: O’Connor, White, Marshall, Blackmun, Scalia, Kennedy,

and Chief Justice Rehnquist.

Justice dissenting: Stevens.

1076. Ingersoll-Rand Co. v. McClendon, 498 U.S. 133 (1990).

A Texas common law claim that an employee was wrongfully discharged to prevent his attainment of benefits under a plan covered by

ERISA is preempted as a ‘‘State law’’ that ‘‘relates to’’ a covered benefit plan. The state cause of action also ‘‘conflicts directly’’ with an exclusive ERISA cause of action.

1077. Connecticut v. Doehr, 501 U.S. 1 (1991).

A Connecticut statute authorizing a private party to obtain prejudgment attachment of real estate without prior notice to the owner,

and without a showing of extraordinary circumstances, violates the

Due Process Clause of the Fourteenth Amendment as applied in conjunction with a civil action for assault and battery.

1078. Simon & Schuster v. New York Crime Victims Bd., 502 U.S. 105

(1991).

New York State’s ‘‘Son of Sam’’ law, under which a criminal’s income from works describing his crime is placed in escrow and made

available to victims of the crime, violates the First Amendment. The

law establishes a financial disincentive to create or publish works

with a particular content, and is not narrowly tailored to serve the

state’s compelling interests in ensuring that criminals do not profit

from their crimes, and that crime victims are compensated.

Justices concurring: O’Connor, White, Stevens, Scalia, Souter, and Chief Justice Rehnquist.

Justices concurring specially: Blackmun and Kennedy.

1079. Norman v. Reed, 112 S. Ct. 698 (1992).

Two provisions of Illinois’ election law unconstitutionally infringe

on the right of ballot access guaranteed under the First and Fourteenth Amendments. The first provision, as interpreted by the Illinois

Supreme Court, prevented a ‘‘new political party’’ in Cook County

from using the name of a party already ‘‘established’’ in the city of

Chicago. The second required that new political parties qualify for the

ballot by submitting petitions signed by 25,000 voters from each voting district to be represented in a multi-district political subdivision.

Justices concurring: Souter, White, Blackmun, Stevens, O’Connor, Kennedy,

and Chief Justice Rehnquist.

Justice dissenting: Scalia.
2218 STATE ACTS HELD UNCONSTITUTIONAL

1080. Wyoming v. Oklahoma, 112 S. Ct. 789 (1992).

An Oklahoma statute requiring that all coal-fired Oklahoma utilities burn a mixture containing at least 10% Oklahoma-mined coal discriminates against interstate commerce in violation of the implied

‘‘negative’’ component of the Commerce Clause.

Justices concurring: White, Blackmun, Stevens, O’Connor, Kennedy, Souter.

Justices dissenting: Chief Justice Rehnquist and Justices Scalia and Thomas.

1081. Barker v. Kansas, 112 S. Ct. 1619 (1992).

A Kansas tax on military retirement benefits is inconsistent with

4 U.S.C. § 111, which allows states to tax federal employees’ compensation if the tax does not discriminate ‘‘because of the source’’ of

the compensation. No similar tax is applied to state and local government retirees, and there are no significant differences between the

two classes of taxpayers that justify the different tax treatment.

1082. Foucha v. Louisiana, 112 S. Ct. 1780 (1992).

A Louisiana statute allowing an insanity acquittee no longer suffering from mental illness to be confined indefinitely in a mental institution until he is able to demonstrate that he is not dangerous to

himself or to others violates due process.

Justices concurring: White, Blackmun, Stevens, O’Connor, Souter.

Justices dissenting: Kennedy, Thomas, Scalia, and Chief Justice Rehnquist.

1083. Quill Corp. v. North Dakota, 112 S. Ct. 1904 (1992).

Application of the State’s use tax to mail order sales by an outof-state company with neither outlets nor sales representatives in the

State places an undue burden on interstate commerce in violation of

the ‘‘negative’’ or ‘‘dormant’’ Commerce Clause. A physical presence

within the taxing state is necessary in order to meet the ‘‘substantial

nexus’’ requirement of the Commerce Clause.

1084. Chemical Waste Management, Inc. v. Hunt, 112 S. Ct. 2009 (1992).

Alabama’s fee for in-state disposal of hazardous wastes generated

out-of-state is invalid as a direct discrimination against interstate

commerce. Alabama failed to establish that the discrimination against

interstate commerce is justified by any factor other than economic

protectionism, and failed to show that its valid interests (e.g., protection of health, safety, and the environment) can not be served by less

discriminatory alternatives. The fee is not supportable by analogy to

quarantine laws, since the state permits importation of hazardous

wastes if the fee is paid.

1085. Fort Gratiot Sanitary Landfill v. Michigan Nat. Res. Dep’t, 112 S. Ct.

2019 (1992).

Waste import restrictions of Michigan’s Solid Waste Management

Act violate the Commerce Clause. The restrictions, which prohibit
STATE ACTS HELD UNCONSTITUTIONAL 2219

landfills from accepting out-of-county waste unless explicitly authorized by the county’s solid waste management plan, directly discriminate against interstate commerce and are not justified as serving any

valid health and safety purposes that can not be served adequately

by nondiscriminatory alternatives.

1086. Kraft Gen. Foods v. Iowa Dep’t of Revenue, 112 S. Ct. 2365 (1992).

An Iowa statute imposing a business tax on corporations facially

discriminates against foreign commerce in violation of the Commerce

Clause by allowing corporations to take a deduction for dividends received from domestic, but not foreign, subsidiaries.

1087. Gade v. National Solid Wastes Mgmt. Ass’n, 112 S. Ct. 2374 (1992).

Illinois ‘‘dual impact’’ laws designed to protect both employees

and the general public by requiring training and licensing of hazardous waste equipment operators are preempted by § 18(b) of the Occupational Safety and Health Act, 29 U.S.C. § 667(b), which requires

states to obtain federal approval before enforcing occupational safety

and health standards relating to issues governed by federal standards.

1088. Cipollone v. Liggett Group, Inc., 112 S. Ct. 2608 (1992).

Two claims, based on New Jersey law and brought against cigarette companies for damages for lung cancer allegedly resulting from

smoking, are preempted under the Federal Cigarette Labeling and

Advertising Act: failure-to-warn claims requiring a showing that the

tobacco companies’ post–1969 advertising should have included additional warnings, and fraudulent misrepresentation claims predicated

on state law restrictions on advertising.

1089. Planned Parenthood of S.E. Pennsylvania v. Casey, 112 S. Ct. 2791

(1992).

One aspect of the Pennsylvania Abortion Control Act of 1982—a

requirement for spousal notification—is invalid as an undue interference with a woman’s right to an abortion.
2220

II. ORDINANCES

1. Weston v. City Council of Charleston, 27 U.S. (2 Pet.) 449 (1829).

City ordinance which levied a tax on stock issued by the United

States impaired the federal borrowing power and was void (Art. VI).

Justices Concurring: Marshall, C.J., Washington, Duvall, Story.

Justices Dissenting: Johnson, Thompson.

2. Cannon v. New Orleans, 87 U.S. (20 Wall.) 577 (1874).

New Orleans ordinance of 1852, imposing a charge for use of

piers measured by tonnage of vessel, levied an invalid tonnage duty.

3. Murray v. Charleston, 96 U.S. 432 (1878).

Charleston, South Carolina, tax ordinance which withheld from

interest payments on municipal bonds a tax levied after issuance of

such bonds at a fixed rate of interest impaired the obligation of contract (Art. I, § 10).

Justices Concurring: Strong, Waite, C.J., Clifford, Bradley, Swayne, Harlan,

Field.

Justices Dissenting: Miller, Hunt.

4. Moran v. New Orleans, 112 U.S. 69 (1884).

Ordinance of New Orleans, so far as it imposed license tax upon

persons owning and running towboats to and from the Gulf of Mexico,

was an invalid regulation of commerce.

5. New Orleans Gas Co. v. Louisiana Light Co., 115 U.S. 650 (1885).

Municipal ordinance granting to a public utility an exclusive

right to supply the city with gas, and state constitutional provision

abolishing outstanding monopolistic grants, impaired the obligation of

contract when enforced against a previously chartered utility which,

through consolidation, had inherited the monopolistic, exclusive privileges of two utility corporations chartered prior to the constitutional

proviso and ordinance.

6. New Orleans Water-Works Co. v. Rivers, 115 U.S. 674 (1885).

When a utility is chartered with an exclusive privilege of supplying a city with water, a subsequently enacted ordinance authorizing

an individual to supply water to a hotel impaired the obligation of

contract.

7. Yick Wo v. Hopkins, 118 U.S. 356 (1886).

San Francisco ordinance regulating certain phases of the laundry

business, as arbitrarily enforced against Chinese, held to violate the

equal protection of the laws.
ORDINANCES HELD UNCONSTITUTIONAL 2221

8. Leloup v. Port of Mobile, 127 U.S. 640 (1888).

A Mobile, Alabama, ordinance which levied an occupational license tax on a telegraph company doing an interstate business was

void.

9. McCall v. California, 136 U.S. 104 (1890).

Municipal ordinance which imposed a license tax on a soliciting

agent for a foreign corporation was void as levying a tax on interstate

commerce.

Justices Concurring: Lamar, Miller, Field, Bradley, Harlan, Blatchford.

Justices Dissenting: Fuller, C.J., Gray, Brewer.

10. Harman v. Chicago, 147 U.S. 396 (1893).

Chicago ordinance imposing a license tax on tug boats licensed

under federal authority and engaged in interstate commerce held invalid.

11. Brennan v. Titusville, 153 U.S. 289 (1894).

Ordinance of Pennsylvania city requiring license tax of soliciting

agent for manufacturer in another State was held invalid as imposing

a tax upon interstate commerce.

12. Walla Walla v. Walla Walla Water Co., 172 U.S. 1 (1898).

Washington city ordinance which authorized construction of a

municipal water works impaired the obligation of a contract previously negotiated with a private utility providing the same service.

13. Los Angeles v. Los Angeles City Water Co., 177 U.S. 558 (1900).

Ordinance expanding city limits beyond those to be served by a

utility leasing a municipality’s water works and effecting diminution

of the rates stipulated in the original agreement without any equivalent compensation impaired the obligation of contract between the

utility and the city.

14. Detroit v. Detroit Citizens’ St. Ry., 184 U.S. 368 (1902).

City ordinances, which adjusted the rate of fare stipulated in

agreements made with a street railway company, held to impair the

obligation of contract.

15. Caldwell v. North Carolina, 187 U.S. 622 (1903).

City ordinance imposing a license on photographic business, as

applied to an agent of an out-of-state corporation, was held an invalid

regulation of commerce.

16. Postal Telegraph-Cable Co. v. Taylor, 192 U.S. 64 (1904).

Pennsylvania municipal ordinance authorizing an inspection fee

on telegraph companies doing an interstate business held to be an unreasonable and invalid regulation of commerce.
2222 ORDINANCES HELD UNCONSTITUTIONAL

Justices Concurring: Peckham, Fuller, C.J., Brown, White, McKenna, Holmes,

Day.

Justices Dissenting: Harlan, Brewer.

17. Cleveland v. Cleveland City Ry., 194 U.S. 517 (1904).

Ordinance reducing the rate of fares to be charged by railway

companies lower than cited in previous ordinances held to impair the

obligation of contract.

18. Dobbins v. Los Angeles, 195 U.S. 223 (1904).

No change in the neighborhood having occurred between passage

of two zoning ordinances, the second of which excluded a gas company

from erecting a plant within the area authorized by the first ordinance was held to effect an arbitrary deprivation of property without

due process of law.

19. Cleveland v. Cleveland Electric Ry., 201 U.S. 529 (1906).

Ordinance according to a consolidated municipal railway an extension of the duration date of franchises issued to its predecessors,

in consideration of which substantial sums were expended on improvements, gave rise to a new contract, which was impaired by later

attempt on the part of the city to reduce the rate stipulated in the

franchises thus extended.

20. Rearick v. Pennsylvania, 203 U.S. 507 (1906).

An ordinance imposing a license fee for the solicitation of orders

for the sale of merchandise not of the parties own manufacture imposed an invalid burden on interstate commerce when applied to a

Pennsylvania agent of an Ohio company who solicited orders for the

latter’s products and upon receipt of the latter, consigned to a designated purchaser, consummated the sale by delivering the merchandise to such purchaser and, upon the latter’s approval of the parcel

delivered, collected the purchase price for transmission to the Ohio

employer.

21. Vicksburg v. Vicksburg Waterworks Co., 206 U.S. 496 (1907).

Municipal contract with utility fixing the maximum rate to be

charged for supplying water to inhabitants was invalidly impaired by

subsequent ordinances altering said rates.

22. Londoner v. Denver, 210 U.S. 373 (1908).

The due process requirements of notice and hearing in connection

with the assessment of taxes were violated by a municipal assessment

ordinance which afforded the taxpayer the privilege merely of filing

objections but no opportunity to support his objections by argument

and proof in open hearing.

Justices Concurring: Moody, Harlan, Brewer, White, Peckham, McKenna, Day.

Justices Dissenting: Fuller, C.J., Holmes.
ORDINANCES HELD UNCONSTITUTIONAL 2223

23. Minneapolis v. Street Ry., 215 U.S. 417 (1910).

Minneapolis ordinance of 1907, directing the sale of six tickets for

25¢, was void as impairing the contract which arose from passage of

the ordinance of 1875 granting to a railway a franchise expiring in

1923 and establishing a fare of not less than 5¢.

24. Eubank v. Richmond, 226 U.S. 137 (1912).

Municipal ordinance requiring authorities to establish building

lines on separate blocks back of the public streets and across private

property upon the request of less than all the owners of the property

affected invalidly authorized the taking of property, not for public

welfare but, for the convenience of other property owners; and therefore was violative of due process.

25. Williams v. Talladega, 226 U.S. 404 (1912).

A $100 license fee imposed by ordinance of an Alabama city on

a foreign telegraph company, part of whose business income was derived from the transmission of messages for the Federal Government

was void as a tax on a federal instrumentality (Art. VI).

26. New York Central R.R. v. Hudson County, 227 U.S. 248 (1913).

Congress, having expressly included ferries used in connection

with interstate railroads in its legislation regulating interstate commerce, two New Jersey municipal ordinances fixing passenger rates

for travel on ferries between New Jersey and New York points were

superseded thereby and therefore invalid.

27. Grand Trunk Western Ry. v. South Bend, 227 U.S. 544 (1913).

South Bend, Indiana, ordinance of 1901 repealing so much of an

ordinance of 1866 authorizing a railroad to lay double tracks on one

of its streets impaired the obligation of contract contrary to Art. I,

§ 10.

Justices Concurring: Lamar, Holmes, White, C.J., Lurton, Van Devanter,

McKenna, Day (separately).

Justices Dissenting: Hughes, Pitney.

28. Owensboro v. Cumberland Telephone Co., 230 U.S. 58 (1913).

An ordinance of a Kentucky muncipality which required a telephone company to remove from the streets poles and wires installed

under a prior ordinance granting permission to do so, without restriction as to the duration of such privilege, or, in the alternative, pay

a rental not prescribed in the original ordinance impaired an obligation of contract contrary to Art. I, § 10.

Justices Concurring: Lurton, White, C.J., Holmes, Van Devanter, Lamar.

Justices Dissenting: Day, McKenna, Hughes, Pitney.
2224 ORDINANCES HELD UNCONSTITUTIONAL

29. Boise Water Co. v. Boise City, 230 U.S. 84 (1913).

An ordinance of an Idaho municipality adopted in 1906 which

subjected a water company to monthly rental fees for the use of its

streets invalidly impaired the obligation of contract arising under an

ordinance of 1889 which granted a predecessor company the privilege

of laying water pipes under the city streets without payment of any

charge for the exercise of such right.

30. Old Colony Trust Co. v. Omaha, 230 U.S. 100 (1913).

An ordinance of a Nebraska municipality adopted in 1908 requiring, without any showing of the necessity therefor, a utility to remove

its poles and wires from the city streets invalidly impaired an obligation of contract arising from an ordinance of 1884 granting in perpetuity the privilege of erecting and maintaining poles and wires for

the transmission of power.

31. Adams Express Co. v. New York, 232 U.S. 14 (1914).

New York city ordinances requiring an express company to obtain

a local license, exacting license fees for express wagons and drivers,

and requiring drivers to be citizens, to the extent that they extended

to interstate commerce, imposed invalid burdens on such commerce.

Accord: U.S. Express Co. v. New York, 232 U.S. 35 (1914).

32. Sault Ste. Marie v. International Transit Co., 234 U.S. 333 (1914).

Michigan city municipal ordinance which compelled operator of a

ferry between Canadian and Michigan points to take out a license imposed an invalid burden on the privilege of engaging in foreign commerce.

33. South Covington Ry. v. Covington, 235 U.S. 537 (1915).

Kentucky municipal ordinance, insofar as it sought to regulate

the number of street cars to be run, and the number of passengers

allowed in each car, between interstate points imposed an unreasonable burden on interstate commerce. Also, the requirement that temperature in the cars never be permitted to be below 50° was unreasonable and violative of due process.

34. Gast Realty Co. v. Schneider Granite Co., 240 U.S. 55 (1916).

St. Louis ordinance which levied one-fourth of the cost of paving

on property fronting on the street and the remaining three-fourths

upon all property in the taxing district according to area and without

equality as to depth denied equal protection of the laws.

35. Buchanan v. Warley, 245 U.S. 60 (1917).

A Louisville, Kentucky, ordinance which forbade ‘‘colored’’ persons to occupy houses in blocks where the majority of the houses were

occupied by whites was deemed to prevent sales of lots in such blocks
ORDINANCES HELD UNCONSTITUTIONAL 2225

to African Americans and to deprive the latter of property without

due process of law.

36. Accord: Harmon v. Tyler, 273 U.S. 668 (1927), voiding a similar New Orleans ordinance.

37. Accord: City of Richmond v. Deans, 281 U.S. 704 (1930), voiding a similar Richmond, Virginia, ordinance.

38. Northern Ohio Traction & Light Co. v. Ohio ex rel. Pontius, 245 U.S. 574

(1918).

Resolution of county commissioners in 1912 purporting to revoke

an electric railway franchise previously granted in perpetuity by appropriate county authorities in 1892 amounted to state action impairing the obligation of contract.

Justices Concurring: McReynolds, White, C.J., McKenna, Holmes, Van

Devanter, Pitney.

Justices Dissenting: Clarke, Brandeis.

39. Denver v. Denver Union Water Co., 246 U.S. 178 (1918).

Rates fixed by a Denver ordinance pertaining to the charges to

be collected for services by a water company deprived the latter of its

property without due process of law by reason of yielding a return of

4.3% compared with prevailing rates in the city of 6% and higher obtained on secured and unsecured loans.

Justices Concurring: Pitney, White, C.J., McReynolds, Day, Van Devanter,

McKenna.

Justices Dissenting: Holmes, Brandeis, Clarke.

40. Covington v. South Covington St. Ry., 246 U.S. 413 (1918).

Kentucky city ordinance of 1913 purporting to grant a 25-year

franchise for a street railway over certain streets to the best bidder

impaired the obligation of contract of an older street railway accorded

a perpetual franchise over the same street.

Justices Concurring: Holmes, Pitney, White, C.J., McReynolds, Day, Van

Devanter, McKenna.

Justices Dissenting: Clark, Brandeis.

41. Detroit United Ry. v. Detroit, 248 U.S. 429 (1919).

Detroit ordinance which compelled street railway company to

carry passengers on continuous trips over franchise lines to and over

nonfranchise lines, and vice versa, for a fare no greater than its franchises entitled it to charge upon the former alone impaired the obligation of the franchise contracts; and insofar as its enforcement would

result in a deficit, also deprived the company of its property without

due process.

Justices Concurring: Day, Pitney, White, C.J., McReynolds, Van Devanter,

McKenna.
2226 ORDINANCES HELD UNCONSTITUTIONAL

Justices Dissenting: Clarke, Holmes, Brandeis.

42. Los Angeles v. Los Angeles Gas Corp., 251 U.S. 32 (1919).

Los Angeles ordinance authorizing city to establish lighting system of its own could not effect removal of fixtures of a lighting company occupying streets pursuant to rights granted by a prior franchise without paying compensation required by due process clause.

Justices Concurring: McKenna, White, C.J., Holmes, Day, Van Devanter,

McReynolds, Brandeis.

Justices Dissenting: Pitney, Clarke.

43. Houston v. Southwestern Tel. Co., 259 U.S. 318 (1922).

Houston ordinance was void inasmuch as the rates fixed thereunder were confiscatory and deprived the utility of its property without due process of law.

44. Paducah v. Paducah Ry., 261 U.S. 267 (1923).

Fares prescribed by ordinance of Kentucky city were confiscatory

and deprived the utility of property without due process of law.

45. Texas Transp. Co. v. New Orleans, 264 U.S. 150 (1924).

New Orleans license tax ordinance could not be validly enforced

as to the business of a corporation employed as agent by owners of

vessels engaged exclusively in interstate and foreign commerce, where

its business was a necessary adjunct of said commerce and consisted

of the soliciting and engaging of cargo, the nomination of vessels to

carry it, arranging for delivery on wharf and for stevedores, payment

of ships’ disbursements, issuing bills of lading, and collecting freight

charges.

Justices Concurring: Sutherland, Taft, C.J., Sanford, McReynolds, Butler,

McKenna, Van Devanter.

Justices Dissenting: Brandeis, Holmes.

46. Asakura v. Seattle, 265 U.S. 332 (1924).

Seattle ordinance which confined to citizens the pawnbroking

business was void as applied to a Japanese alien lawfully admitted

into the United States and protected by a treaty with Japan according

to nationals of the latter country the right to carry on a ‘‘trade’’ (Art.

VI).

47. Real Silk Mills v. Portland, 268 U.S. 325 (1925).

Portland, Oregon, ordinance which exacted a license fee and a

bond for insuring delivery from solicitors who go from place to place

taking orders for goods for future delivery and receiving deposits in

advance was invalid as unduly burdening interstate commerce when

enforced against solicitors taking orders for an out-of-state corporation which confirmed the orders, shipped the merchandise directly to
ORDINANCES HELD UNCONSTITUTIONAL 2227

the customers, and permitted the solicitors to retain the deposited

portion of the purchase as compensation.

48. Mayor of Vidalia v. McNeely, 274 U.S. 676 (1927).

Ordinance of Louisiana municipality which exacted license as a

condition precedent for operation of a ferry across boundary waters

separating two States imposed an invalid burden on interstate commerce.

49. Delaware, L. & W.R.R. v. Morristown, 276 U.S. 182 (1928).

New Jersey municipal ordinance which compelled use of railroad

station grounds for a public hackstand without compensation deprived the railroad of property without due process.

Justices Concurring: Brandeis, Holmes (separately).

50. Sprout v. South Bend, 277 U.S. 163 (1928).

Indiana municipal ordinance which exacted from motor bus operators a license fee adjusted to the seating capacity of a bus could not

be validly enforced against an interstate carrier, for the fee was not

exacted to defray expenses of regulating traffic in the interest of safety, or to defray the cost of road maintenance or as an occupation tax

imposed solely on account of intrastate business.

51. Nectow v. Cambridge, 277 U.S. 183 (1928).

Massachusetts municipal zoning ordinance which placed owner’s

land in a residential district with resulting inhibition of use for commercial purposes deprived the owner of property without due process

because the requirement did not promote health, safety, morals, or

general welfare.

52. Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928).

Municipal (Washington) zoning ordinance which conditioned issuance of a permit to enlarge a home for the aged in a residential area

upon the approval of the owners of two-thirds of the property within

400 feet of the proposed building was unconstitutional and violative

of due process because the condition bore no relationship to public

health, safety, and morals and entailed an improper delegation of legislative power to private citizens.

53. Lovell v. Griffin, 303 U.S. 444 (1938).

Griffin, Georgia, ordinance which exacted a permit for the distribution of literature by hand or otherwise was violative of freedom

of press as guaranteed by the due process clause of the Fourteenth

Amendment by imposing censorship in advance of publication.

54. Hague v. C.I.O., 307 U.S. 496 (1939).

A Jersey City ordinance forbidding distribution of printed matter

and the holding, without permits, of public meetings in streets and
2228 ORDINANCES HELD UNCONSTITUTIONAL

other public places withheld freedom of speech and assembly contrary

to the due process clause of the Fourteenth Amendment.

Justices Concurring: Roberts, Black, Frankfurter, Douglas, Stone, Reed,

Hughes, C.J. (concurred with opinions of Roberts and Stone).

Justices Dissenting: McReynolds, Butler.

55–58. Schneider v. City of Irvington, 308 U.S. 147 (1939).

A municipal ordinance prohibiting solicitation and distribution of

circulars by canvassing from house to house, unless licensed by the

police, is void as applied to one who delivered literature and solicited

contributions from house to house in the name of religion. Ordinances

forbidding distribution of printed matter are not made valid by limiting their operation to streets and alleys and leaving other public

places free. Any burden imposed upon cities in cleaning and maintaining streets as an indirect consequence of such distribution results

from the constitutional protection of freedom of speech, press, and religion guaranteed by the due process clause of the Fourteenth Amendment. Ordinances of Los Angeles, Milwaukee, Worcester (Massachusetts), and Irvington (New Jersey) were held unconstitutional by reason of conflict with such provision.

Justices Concurring: Hughes, C.J., Butler, Stone, Roberts, Reed, Frankfurter,

Douglas, Black.

Justice Dissenting: McReynolds.

59. McGoldrick v. Gulf Oil Corp., 309 U.S. 414 (1940).

The New York City sales tax cannot be collected on sales to vessels engaged in foreign commerce of fuel oil manufactured from imported crude petroleum in bond. Thus enforced, the city ordinance is

invalid as an infringement of congressional regulations of foreign and

interstate commerce (Art. I, § 8, cl. 3).

60. Carlson v. California, 310 U.S. 106 (1940).

A Shasta County, California, ordinance making it unlawful for

any person to carry or display any sign or badge in the vicinity of any

place of business for the purpose of inducing others to refrain from

buying or working there, or for any person to loiter or picket in the

vicinity of any place of business for such purpose, is unconstitutional

and is violative of freedom of speech and press guaranteed by the due

process clause of the Fourteenth Amendment.

Justices Concurring: Hughes, C.J., Stone, Roberts, Black, Reed, Frankfurter,

Douglas, Murphy.

Justice Dissenting: McReynolds.

61. Jamison v. Texas, 318 U.S. 413 (1943).

A Dallas ordinance made it unlawful to throw any handbills, circulars, cards, newspapers or any advertising material upon any street

or sidewalk in the city. As applied, the ordinance prohibited the dis-
ORDINANCES HELD UNCONSTITUTIONAL 2229

semination of information, a denial of the freedom of the press, and

where the handbills contained an invitation to participate in a religious activity, a denial of freedom of religion, in violation of the First

and Fourteenth Amendments of the Constitution.

62. Largent v. Texas, 318 U.S. 418 (1943).

A Paris City ordinance which made it unlawful for any person to

solicit orders or to sell books, wares or merchandise within the residential portion of Paris without a permit is invalid as applied. The

ordinance abridges the freedom of religion, speech and press guaranteed by the Fourteenth Amendment of the Constitution in that it forbids the distribution of religious publications without a permit, the issuance of which is in the discretion of a municipal officer.

63. Jones v. Opelika, 319 U.S. 103 (1943).

An Opelika, Alabama, ordinance imposing licenses and taxes on

various businesses cannot constitutionally be applied to the business

of selling books and pamphlets on the streets or from house to house.

As applied the ordinance infringes liberties of speech and press and

religion guaranteed by the due process clause of the Fourteenth

Amendment.

Justices Concurring: Stone, C.J., Black, Douglas, Murphy, Rutledge.

Justices Dissenting: Reed, Roberts, Frankfurter, Jackson.

64. Murdock v. Pennsylvania, 319 U.S. 105 (1943).

An ordinance of the City of Jeanette stated that all persons soliciting therein orders for merchandise of any kind, or persons delivering

such articles under orders so obtained must procure a license and pay

a prescribed fee therefor in an amount measured by the time for

which the license is granted. When applied to religious colporteurs engaged in dissemination of their religious beliefs through the sale of

books and pamphlets from house to house, the ordinance invades freedom of religion, speech and press contrary to the First and Fourteenth Amendments of the Constitution.

Justices Concurring: Stone, C.J., Black, Douglas, Murphy, Rutledge.

Justices Dissenting: Roberts, Reed, Frankfurter, Jackson.

65. Martin v. City of Struthers, 319 U.S. 141 (1943).

An ordinance of Struthers, Ohio, made it unlawful for any person

distributing handbills, circulars, or other advertisements to ring the

door bell, sound the door knocker, or otherwise summon occupants of

any residence to the door for the purpose of receiving such handbills,

etc. The ordinance, as applied to one distributing leaflets advertising

a religious meeting, interfered with the rights of freedom of speech

and press guaranteed by the First Amendment. The ordinance, by

failing to distinguish between householders who are willing to receive
2230 ORDINANCES HELD UNCONSTITUTIONAL

the literature and those who are not, extended further than was necessary for protection of the community.

Justices Concurring: Stone, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge.

Justices Dissenting: Roberts, Reed, Jackson.

66. Follett v. McCormick, 321 U.S. 573 (1944).

A McCormick, South Carolina, ordinance required agents selling

books to pay a license fee of $1.00 per day or $15.00 per year. The

constitutional guaranty of religious freedom under the First and

Fourteenth Amendments of the Constitution precludes exacting a

book agent’s license fee from a distributor of religious literature notwithstanding that his activities are confined to his hometown and his

livelihood is derived from contributions requested for the literature

distributed.

Justices Concurring: Stone, C.J., Black, Reed, Douglas, Murphy, Rutledge.

Justices Dissenting: Roberts, Frankfurter, Jackson.

67. Nippert v. Richmond, 327 U.S. 416 (1946).

Richmond, Va., City Code imposed upon persons ‘‘engaged in

business as solicitors an annual license tax of $50.00 plus one-half of

one per centum of their gross receipts or commissions for the preceding license year in excess of $1,000.00.’’ Permit of Director of Public

Safety was required before issuance of the license. The ordinance violated the commerce clause in that it discriminated against out-of-state

merchants in favor of local ones and operated as a barrier to the introduction of out-of-state merchandise.

Justices Concurring: Stone, C.J., Reed, Frankfurter, Rutledge, Burton.

Justices Dissenting: Black, Douglas, Murphy.

68. Joseph v. Carter & Weekes Co., 330 U.S. 422 (1947).

A New York City law provided that for the privilege of carrying

on within the city any trade, business, or profession, every person

shall pay a tax of one-tenth of one per centum upon all receipts received in and/or allocable to the city during the year. The excise tax

levied on the gross receipts of a stevedoring corporation is invalid

since it would burden interstate and foreign commerce in violation of

the commerce clause of the Constitution.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Douglas (dissenting in

part), Murphy (dissenting in part), Jackson, Rutledge (dissenting in part),

Burton.

Justice Dissenting: Black.

69. Saia v. New York, 334 U.S. 558 (1948).

A Lockport ordinance forbidding use of sound amplification excepted public dissemination, through loudspeakers, of news, matters
ORDINANCES HELD UNCONSTITUTIONAL 2231

of public concern, and athletic activities, provided that the latter be

done under permission obtained from the Chief of Police. The ordinance is unconstitutional on its face as a previous restraint on the

right of free speech in violation of the First Amendment of the Constitution, made applicable to the States by the Fourteenth Amendment. No standards were prescribed for the excercise of discretion by

the Chief of Police.

Justices Concurring: Vinson, C.J., Black, Douglas, Murphy, Rutledge.

Justices Dissenting: Reed, Frankfurter, Jackson, Burton.

70. Terminiello v. Chicago, 337 U.S. 1 (1949).

A Chicago ordinance proscribed the making of improper noises or

other conduct contributing to a breach of the peace. Petitioner was

convicted of violating said ordinance by reason of the fact that he had

addressed a large audience in an auditorium where he had vigorously

criticized various political and racial groups as well as the disturbances produced by an angry and turbulent crowd protesting his appearance. At this trial, the judge instructed the jury that any behavior which stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance, violates the ordinance.

As construed and applied by the trial court the ordinance violates

the right of free speech guaranteed by the First Amendment and

made applicable to the States by the Fourteenth Amendment.

Justices Concurring: Black, Reed, Douglas, Murphy, Rutledge.

Justices Dissenting: Vinson, C.J., Frankfurter, Jackson, Burton.

71. Kunz v. New York, 340 U.S. 290 (1951).

Because of prior denunciation of other religious beliefs, appellant’s license to conduct religious meetings on New York City streets

was revoked. A local ordinance forbade the holding of such meetings

without a license but contained no provisions for revocation of such

licenses and no standard to guide administrative action in granting

or denying permits. Appellant was convicted for holding religious

meetings without a permit.

The ordinance was held to grant discretionary power to control in

advance the right of citizens to speak on religious issues and to impose a prior restraint on the exercise of freedom of speech and religion.

Justices Concurring: Vinson, C.J., Black, Reed, Frankfurter, Douglas, Burton,

Clark, Minton.

Justices Dissenting: Jackson.

72. Dean Milk Co. v. Madison, 340 U.S. 349 (1951).

A Madison, Wisconsin, ordinance prohibited the sale of milk as

pasteurized unless it had been processed and bottled at an approved

plant within a radius of five miles from the central square of Madi-
2232 ORDINANCES HELD UNCONSTITUTIONAL

son. An Illinois corporation, engaged in gathering and distributing

milk from farms in Illinois and Wisconsin was denied a license to sell

milk within the City solely because its pasteurization plants were

more than five miles away. The ordinance unjustifiably discriminated

against interstate commerce in violation of the commerce clause of

the Constitution.

Justices Concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, Clark.

Justices Dissenting: Black, Douglas, Minton.

73. Gelling v. Texas, 343 U.S. 960 (1952).

Marshall City, Texas, motion picture censorship ordinance, as enforced, was unconstitutional as denying freedom of speech and press

protected by the due process clause of the Fourteenth Amendment.

74. Fowler v. Rhode Island, 345 U.S. 67 (1953).

A Pawtucket ordinance read as follows: ‘‘No person shall address

any political or religious meeting in any public park, but this section

shall not be construed to prohibit any political or religious club or society from visiting any public park in a body, provided that no public

address shall be made under the auspices of such club or society in

such park.’’ Because services of a Jehovah’s Witnesses sect differed

from those conducted by other religious groups, in that the former

were marked by lectures rather than confined to orthodox rituals,

that sect was prevented from holding religious meetings in parks.

Thus applied, the ordinance was held to violate the First and Fourteenth Amendments of the Federal Constitution, including the equal

protection clause of the latter.

75. Slochower v. Board of Education, 350 U.S. 551 (1956).

Section 903 of the New York City Charter provides that whenever

a city employee invokes the privilege against self-incrimination to

avoid answering inquiries into his official conduct by a legislative

committee, his employment shall terminate. The summary dismissal

thereunder, without notice and hearing, of a teacher at City College

who was entitled to tenure and could be discharged only for cause and

after notice, hearing and appeal, violated the due process clause of

the Fourteenth Amendment. Invocation of the privilege to justify refusal to answer questions of a congressional committee concerning

membership in the Communist Party in 1948–1949 cannot be viewed

as the equivalent either to a confession of guilt or a conclusive presumption of perjury.

Justices Concurring: Black (concurring specially), Douglas (concurring specially), Warren, C.J., Frankfurter, Clark.

Justices Dissenting: Reed, Burton, Minton, Harlan.
ORDINANCES HELD UNCONSTITUTIONAL 2233

76. Holmes v. City of Atlanta, 350 U.S. 879 (1955).

Atlanta ordinance which reserved certain public parks and golf

courses for white persons only was violative of the equal protection

clause of the Fourteenth Amendment.

77. West Point Grocery Co. v. Opelika, 354 U.S. 390 (1957).

Ordinance of Opelika, Alabama, provided that a wholesale grocery business which delivers groceries in the City from points without

the City must pay an annual privilege tax of $250. As applied to a

Georgia corporation which solicits orders in the City and consummates purchases by deliveries originating in Georgia, the tax is

invalid under the commerce clause of the Constitution.

Justices Concurring: Warren, C.J., Frankfurter, Douglas, Burton, Clark, Harlan, Brennan, Whittaker.

Justice Dissenting: Black.

78. Lambert v. California, 355 U.S. 225 (1957).

Los Angeles Municipal Code made it unlawful for a person who

has been convicted of a crime punishable in California as a felony to

remain in the city longer than five days without registering with the

Chief of Police. Applied to a person who is not shown to have had actual knowledge of his duty to register, this ordinance violates the due

process clause of the Fourteenth Amendment of the Constitution.

Justices Concurring: Warren, C.J., Black, Douglas, Clark, Brennan.

Justices Dissenting: Frankfurter, Burton, Harlan, Whittaker.

79. Staub v. City of Baxley, 355 U.S. 313 (1958).

Baxley, Georgia, made it an offense to ‘‘solicit’’ membership in

any ‘‘organization, union or society’’ requiring the payment of ‘‘fees

[or] dues’’ without first receiving a permit from the Mayor and Council. Issuance or refusal may occur after the character of the applicant,

the nature of the organization in which memberships are to be solicited, and its effect upon the general welfare of the City have been considered. Appellant had been convicted for soliciting memberships in a

labor union without a license.

The ordinance is void on its face because it makes enjoyment of

freedom of speech contingent upon the will of the Mayor and City

Council and thereby constitutes a prior restraint upon that freedom

contrary to the Fourteenth Amendment of the Constitution.

Justices Concurring: Warren, C.J., Douglas, Black, Burton, Harlan, Brennan,

Whittaker.

Justices Dissenting: Frankfurter, Clark.

80. Chicago v. Atchison, T. & S.F. Ry., 357 U.S. 77 (1958).

As applied to a newly organized motor carrier hired by interstate

railroads operating in and out of Chicago to transfer interstate pas-
2234 ORDINANCES HELD UNCONSTITUTIONAL

sengers and their baggage between different railway terminals in that

City, the provision in the Chicago Municipal Code requiring any new

transfer service to obtain a certificate of convenience and necessity

plus approval of the City Council is unconstitutional. Chicago has no

power to decide whether the new motor carrier can operate a service

which is an integral part of interstate railway transportation subject

to regulations under the Federal Interstate Commerce Act.

Justices Concurring: Warren, C.J., Black, Douglas, Clark, Brennan, Whittaker.

Justices Dissenting: Frankfurter, Burton, Harlan.

81. Smith v. California, 361 U.S. 147 (1959).

A Los Angeles City ordinance making it unlawful for any bookseller to possess any obscene publication denies him freedom of press,

as guaranteed by the due process clause of the Fourteenth Amendment, when it is judicially construed to make him absolutely liable

criminally for mere possession of a book, later adjudged to be obscene,

notwithstanding that he had no knowledge of the contents thereof.

Such construction would tend to restrict the books he sells to those

he has inspected and thereby to limit the public’s access to constitutionally protected publications.

Justices Concurring: Clark, Warren, C.J., Whittaker, Brennan, Stewart, Black

(separately), Frankfurter (separately), Douglas (separately), Harlan (dissenting in part; separately).

82. Bates v. Little Rock, 361 U.S. 516 (1960).

Little Rock and North Little Rock, Arkansas, ordinances which,

as a condition of exempting charitable organizations from an annual

business license tax, required the disclosure of the identity of the officers and members of said organizations, as enforced against the

N.A.A.C.P., denied members of the latter freedom of association,

press, and speech as guaranteed by the due process clause of the

Fourteenth Amendment.

Justices Concurring: Brennan, Clark, Frankfurter, Stewart, Warren, C.J.,

Whittaker, Harlan, Black (separately), Douglas (separately).

83. Talley v. California, 362 U.S. 60 (1960).

Los Angeles ordinance which forbade distribution under any circumstance of any handbill which did not have printed thereon the

name and address of the person who prepared, distributed, or sponsored it was void on its face as abridging freedom of speech and press

guaranteed by the due process clause of the Fourteenth Amendment.

Such ordinance is not limited to identifying those responsible for

fraud, false advertising, libel, disorder, or littering.

Justices Concurring: Warren, C.J., Stewart, Harlan (separately), Douglas,

Black.
ORDINANCES HELD UNCONSTITUTIONAL 2235

Justices Dissenting: Clark, Frankfurter, Whittaker.

84. Schroeder v. City of New York, 371 U.S. 208 (1962).

New York City Water Supply Act, insofar as it authorized notification of land owners, whose summer resort property would be adversely affected by city’s diversion of water, by publication of notices

in January in New York City official newspaper and in newspapers

in the county where the resort property was located as well as by notices posted on trees and poles along the waterway adjacent to such

property, did not afford the quality of notice, i.e., to the owners’ permanent home address, required by the due process clause of the Fourteenth Amendment.

85. Camara v. Municipal Court, 387 U.S. 523 (1967).

Ordinance authorizing warrantless entry of residential property

to inspect for housing code violations violates Fourth and Fourteenth

Amendments.

86. See v. City of Seattle, 387 U.S. 541 (1967).

Ordinance authorizing warrantless entry of commercial property

to inspect for fire code violations violates Fourth and Fourteenth

Amendments.

87. Teitel Film Corp. v. Cusack, 390 U.S. 139 (1968).

Chicago motion picture censorship ordinance is unconstitutional

in several procedural aspects.

88. Avery v. Midland County, 390 U.S. 474 (1968).

Enactment of county commissioners court drawing boundaries for

districts of election of members does not comply with required ‘‘oneman, one-vote’’ standard.

Concurring: Justices White, Black, Douglas, Brennan, and Chief Justice Warren.

Dissenting: Justices Harlan, Fortas, and Stewart.

89. Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676 (1968).

Ordinance providing for classification of motion pictures as not

suitable for viewing by young persons does not provide adequate

standards and is void for vagueness.

Concurring: Justices Marshall, Black, Douglas, Brennan, Stewart, White,

Fortas, and Chief Justice Warren.

Dissenting: Justice Harlan.

90. Hunter v. Erickson, 393 U.S. 385 (1969).

Amendment to city charter providing that any ordinance enacted

by council dealing with discrimination in housing was not to be effective until approved by referendum whereas no other enactment had

to be so submitted violated equal protection clause.
2236 ORDINANCES HELD UNCONSTITUTIONAL

Concurring: Justices White, Douglas, Brennan, Fortas, Marshall and Chief

Justice Warren.

Concurring specially: Justices Harlan and Stewart.

Dissenting: Justice Black.

91. Coates v. City of Cincinnati, 402 U.S. 611 (1971).

Ordinance making it unlawful for three or more persons to assemble on a sidewalk and conduct themselves in a manner annoying

to passers-by is unconstitutionally vague and violates rights to assembly and association.

Concurring: Justices Stewart, Douglas, Harlan, Brennan, and Marshall.

Concurring specially: Justice Black.

Dissenting: Justices White and Blackmun and Chief Justice Burger.

92. Papachristou v. City of Jacksonville, 405 U.S. 156 (1972).

Vagrancy ordinance is void for vagueness because it fails to give

a person fair notice that his contemplated conduct is forbidden, because it encourages arbitrary and erratic enforcement of the law, because it makes criminal activities which by modern standards are

normally innocent, and because it vests unfettered discretion in police.

93. Police Dep’t of Chicago v. Mosley, 408 U.S. 92 (1972).

Ordinance prohibiting all picketing within certain distance of any

school except labor picketing violates equal protection clause by

impermissibly distinguishing between types of peaceful picketing.

94. Cason v. City of Columbia, 409 U.S. 1053 (1972).

Ordinance prohibiting use of abusive language toward another as

applied by court below without limitation to fighting words cannot

sustain conviction.

95. City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973).

Ordinance placing an 11 p.m. to 7 a.m. curfew on jet take-offs

from local airport is invalid as in conflict with the regulatory scheme

of federal statutory control.

Justices Concurring: Douglas, Brennan, Blackmun, Powell, and Chief Justice

Burger.

Justices Dissenting: Rehnquist, Stewart, White, and Marshall.

96. Lewis v. City of New Orleans, 415 U.S. 130 (1974).

Ordinance interpreted by state courts to punish the use of opprobrious words to police officer without limitation of offense to uttering

of fighting words is invalid.

Justices Concurring: Brennan, Douglas, Stewart, White, and Marshall.

Justice Concurring Specially: Powell.

Justices Dissenting: Blackmun, Rehnquist, and Chief Justice Burger.
ORDINANCES HELD UNCONSTITUTIONAL 2237

97. Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975).

A municipal ordinance making it a public nuisance and a punishable offense for a drive-in movie theater to exhibit films containing

nudity, when the screen is visible from a public street or place, is

facially invalid as an infringement of First Amendment rights.

Justices Concurring: Powell, Douglas, Brennan, Stewart, Marshall, Blackmun.

Justices Dissenting: White, Rehnquist, Chief Justice Burger.

98. Hynes v. Mayor of Oradell, 425 U.S. 610 (1976).

Municipal ordinance requiring that advance written notice be

given to local police by any person desiring to canvass, solicit, or call

from house to house for a charitable or political purpose held void for

vagueness.

Justices Concurring: Chief Justice Burger and Brennan, Stewart, White, Marshall, Blackmun, and Powell.

Justice Dissenting: Rehnquist.

99. Linmark Associates v. Township of Willingboro, 431 U.S. 85 (1977).

Ordinance prohibiting posting of real estate ‘‘For Sale’’ and ‘‘Sold’’

signs for the purpose of stemming what the township perceived as

flight of white homeowners violated the First Amendment.

100. Moore v. City of East Cleveland, 431 U.S. 494 (1977).

Zoning ordinance that limited housing occupancy to members of

single family and restrictively defined family so as to prevent an extended family, i.e., two grandchildren by different children residing

with grandmother, violated due process clause.

Justices Concurring: Powell, Brennan, Marshall, and Blackmun.

Justice Concurring Specially: Stevens.

Justices Dissenting: Stewart, Rehnquist, and White; Burger (on other

grounds).

101. Carter v. Miller, 434 U.S. 356 (1978).

Lower court’s invalidation on equal protection grounds of ordinance that permanently denies public chauffeur’s license to applicants

previously convicted of certain crimes while making revocation of previously licensed persons convicted of same offenses discretionary is affirmed by an equally divided Court.

102. Village of Schaumburg v. Citizens for a Better Environment, 444 U.S.

620 (1980).

Ordinance prohibiting door-to-door or on-the-street solicitation of

contributions by charitable organizations that do not use at least 75

percent of their receipts for ‘‘charitable purposes’’ violates First and

Fourteenth Amendment speech protections.

Justices Concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell,

Stevens, and Chief Justice Burger.
2238 ORDINANCES HELD UNCONSTITUTIONAL

Justice Dissenting: Rehnquist.

103. Ventura County v. Gulf Oil Corp., 445 U.S. 947 (1980).

County zoning ordinances governing oil exploration and extraction activities cannot be applied to company which holds lease from

United States Government because federal law preempts the field.

104. Edwards v. Service Machine & Shipbuilding Corp., 449 U.S. 913

(1980).

Court of Appeals decision voiding on commerce clause grounds an

ordinance requiring non-local job seekers and local workers seeking

new jobs to obtain identification card and to provide fingerprints, photograph, and pay fee is summarily affirmed.

105. Town of Southampton v. Troyer, 449 U.S. 988 (1980).

Court of Appeals decision invalidating on First Amendment

grounds an ordinance barring door-to-door solicitation without prior

consent of occupant, but excepting canvassers who have lived in the

municipality at least six months, is affirmed.

106. Schad v. Borough of Mount Ephraim, 452 U.S. 61 (1981).

Zoning ordinance construed to bar the offering of live entertainment within the township violated the First Amendment.

Justices Concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell.

Justice Concurring Specially: Stevens.

Justices Dissenting: Chief Justice Burger, Rehnquist.

107. Metromedia v. City of San Diego, 453 U.S. 490 (1981).

Complex ban on billboard displays within the City, excepting certain onsite signs and 12 categories of particular signs, violates First

Amendment.

Justices Concurring: White, Stewart, Marshall, Powell.

Justices Concurring Specially: Brennan, Blackmun; Stevens (in part).

Justices Dissenting: Chief Justice Burger, Rehnquist.

108. Citizens Against Rent Control v. City of Berkeley, 454 U.S. 290 (1981).

Ordinance limiting to $250 any contributions to committees

formed to support or oppose ballot measures submitted to popular

vote violates First Amendment.

Justices Concurring: Chief Justice Burger, Brennan, Powell, Rehnquist, Stevens.

Justices Concurring Specially: Marshall, Blackmun, O’Connor.

Justice Dissenting: White.

109. Rusk v. Espinosa, 456 U.S. 951 (1982).

Court of Appeals decision holding violative of the First Amendment ordinance regulating solicitation by charitable organizations but

exempting solicitation by religious groups for ‘‘evangelical, missionary

or religious’’ but not secular purposes is summarily affirmed.
ORDINANCES HELD UNCONSTITUTIONAL 2239

110. Giacobbe v. Andrews, 459 U.S. 801 (1982).

Federal district court decision holding that New York City’s plan

for apportioning 10 at-large seats for the City Council among the

City’s five boroughs violates the one person, one vote requirements of

the Equal Protection Clause, summarily affirmed by the U.S. Court

of Appeals for the Second Circuit, is summarily affirmed.

111. City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416

(1983).

Ordinance regulating the circumstances of abortions is unconstitutional in the following respects: by requiring all abortions performed after the first trimester to be performed in a hospital, by requiring parental consent or court order for abortions performed on minors under age 15, by requiring the attending physician to provide detailed information on which ‘‘informed consent’’ may be premised, by

requiring a 24-hour waiting period, and by requiring disposal of fetal

remains in a ‘‘humane and sanitary manner.’’

Justices concurring: Powell, Brennan, Marshall, Blackmun,

Stevens, and Chief Justice Burger.

Justices dissenting: O’Connor, White, Rehnquist.

112. City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985).

City zoning requirement of a special use permit for operation of

a home for the mentally retarded in an area where boarding homes,

nursing and convalescent homes, and fraternity or sorority houses are

permitted without such special use permits is a denial of equal protection as applied, the record containing no rational basis for the distinction.

Justices concurring: White, Powell, Rehnquist, Stevens, O’Connor, and Chief

Justice Burger.

Justices concurring specially: Marshall, Brennan, and Blackmun.

113. Hudnut v. American Booksellers Ass’n, 475 U.S. 1001 (1986).

Appeals court decision holding invalid under the First Amendment an ordinance prohibiting as pornography ‘‘graphic sexually explicit subordination of women’’ without regard to appeal to prurient

interests or offensiveness to community standards is summarily affirmed.

114. California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987).

County ordinance regulating the operation of bingo and various

card games is preempted as applied to Indian tribes conducting onreservation games.

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, and Chief

Justice Rehnquist.

Justices dissenting: Stevens, O’Connor, and Scalia.
2240 ORDINANCES HELD UNCONSTITUTIONAL

115. City of Houston v. Hill, 482 U.S. 451 (1987).

Ordinance making it unlawful to ‘‘oppose, molest, abuse, or interrupt’’ police officer in performance of duty is facially overbroad in violation of the First Amendment.

Justices concurring: Brennan, White, Marshall, Blackmun, and Stevens.

Justices concurring specially: Powell, O’Connor, and Scalia.

Justice dissenting: Chief Justice Rehnquist.

116. Board of Airport Comm’rs v. Jews for Jesus, 482 U.S. 569 (1987).

Los Angeles Board of Airport Commissioners resolution banning

all ‘‘First Amendment activities’’ at airport is facially overbroad in

violation of the First Amendment.

117. City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988).

City ordinance vesting in the mayor unbridled discretion to grant

or deny a permit for location of newsracks on public property violates

the First Amendment.

Justices concurring: Brennan, Marshall, Blackmun, and Scalia.

Justices dissenting: White, Stevens, and O’Connor.

118. City of Richmond v. J. A. Croson Co., 488 U.S. 469 (1989).

City’s requirement that contractors awarded city construction

contracts must subcontract at least 30% of the dollar amount to ‘‘minority business enterprises’’ violates the Equal Protection Clause.

Justices concurring: O’Connor, White, Stevens, Kennedy, and Chief Justice

Rehnquist.

Justice concurring specially: Scalia.

Justices dissenting: Marshall, Brennan, Blackmun.

119. New York City Bd. of Estimate v. Morris, 489 U.S. 688 (1989).

New York City Charter procedures for electing City’s Board of Estimate, consisting of three members elected citywide (the Mayor, the

comptroller, and the president of the City Council) and the elected

presidents of the city’s five boroughs, violate the one-person, one-vote

requirements derived from the Equal Protection Clause.

Justices concurring: White, Marshall, O’Connor, Scalia, Kennedy, and Chief

Justice Rehnquist.

Justices concurring specially: Blackmun, Brennan, and Stevens.

120. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990).

City’s licensing scheme for ‘‘sexually oriented’’ businesses, as applied to businesses that engage in protected First Amendment activity, constitutes an invalid prior restraint on protected activity. The ordinance fails to place a time limit within which the licensing authority must act, and fails to provide a prompt avenue for judicial review.

Justices concurring: O’Connor, Stevens, and Kennedy.

Justices concurring specially: Brennan, Marshall, and Blackmun.
ORDINANCES HELD UNCONSTITUTIONAL 2241

Justices dissenting: White, Scalia, and Chief Justice Rehnquist.

121. County of Yakima v. Yakima Indian Nation, 112 S. Ct. 683 (1992).

The county’s excise tax on sales of allotted Indian land does not

constitute permissible ‘‘taxation of land’’ within the meaning of § 6 of

the General Allotment Act, and is invalid.

122. R. A. V. v. City of St. Paul, 112 S. Ct. 2538 (1992).

St. Paul, Minnesota’s Bias-Motivated Crime Ordinance, which

punishes the display of a symbol which one knows will arouse anger,

alarm, or resentment in others on the basis of race, color, creed, religion, or gender, is facially invalid under the First Amendment because it discriminates solely on the basis of the subjects that speech

addresses.

Justices concurring: Scalia, Kennedy, Souter, Thomas, and Chief Justice

Rehnquist.

Justices concurring specially: White, Blackmun, O’Connor, Stevens.

123. Lee v. Weisman, 112 S. Ct. 2649 (1992).

Providence, Rhode Island’s use of members of the clergy to offer

prayers at official public secondary school graduation ceremonies violates the First Amendment’s Establishment Clause. The involvement

of public school officials with religious activity was ‘‘pervasive,’’ to the

point of creating a state-sponsored and state-directed religious exercise in a public school; officials not only determined that an invocation

and benediction should be given, but also selected the religious participant and provided him with guidelines for the content of nonsectarian prayers.

Justices concurring: Kennedy, Blackmun, Stevens, O’Connor, and Souter.

Justices dissenting: Scalia, White, Thomas, and Chief Justice Rehnquist.

124. Lee v. International Soc’y for Krishna Consciousness, 112 S. Ct. 2709

(1992).

A regulation of the Port Authority of New York and New Jersey

banning leafletting (‘‘the sale or distribution of . . . printed or written

material’’ to passers-by) within the airport terminals operated by the

facility is invalid under the First Amendment.

Per Curiam.

Justices dissenting: Chief Justice Rehnquist, and White, Scalia, and Thomas.