GPO-CONAN-2017-10-15.pdf

V north dakota 240 us 510 1916 law that lard not sold

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stitutional); Armour & Co. v. North Dakota, 240 U.S. 510 (1916) (law that lard not sold in bulk should be put up in containers holding one, three, or five pounds weight, or some whole multiple of these numbers valid); Petersen Baking Co. v. Bryan, 290 U.S. 570 (1934) (regulations that imposed a rate of tolerance for the minimum weight for a loaf of bread upheld); But cf. Burns Baking Co. v. Bryan, 264 U.S. 504 (1924) (tolerance of only two ounces in excess of the minimum weight per loaf is unreason- able, given finding that it was impossible to manufacture good bread without fre- quently exceeding the prescribed tolerance). 235 Heath & Milligan Co. v. Worst, 207 U.S. 338 (1907); Corn Products Ref. Co. v. Eddy, 249 U.S. 427 (1919); National Fertilizer Ass’n v. Bradley, 301 U.S. 178 (1937). 236 Advance-Rumely Co. v. Jackson, 287 U.S. 283 (1932). 237 Hall v. Geiger-Jones Co., 242 U.S. 539 (1917); Caldwell v. Sioux Falls Stock Yards Co., 242 U.S. 559 (1917); Merrick v. Halsey & Co., 242 U.S. 568 (1917). 238 Booth v. Illinois, 184 U.S. 425 (1902). 239 Otis v. Parker, 187 U.S. 606 (1903). 240 Brodnax v. Missouri, 219 U.S. 285 (1911). 241 Rast v. Van Deman & Lewis, 240 U.S. 342 (1916); Tanner v. Little, 240 U.S. 369 (1916); Pitney v. Washington, 240 U.S. 387 (1916). 1887 AMENDMENT 14—RIGHTS GUARANTEED
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of grain, hay, seed, or coal purchased, even when such deduction is made under a claim of custom or under a rule of a board of trade. 242 Banking, Wage Assignments, and Garnishment. —Regula- tion of banks and banking has always been considered well within the police power of states, and the Fourteenth Amendment did not eliminate this regulatory authority. 243 A variety of regulations have been upheld over the years. For example, state banks are not de- prived of property without due process by a statute subjecting them to assessments for a depositors’ guaranty fund. 244 Also, a law requir- ing savings banks to turn over deposits inactive for thirty years to the state (when the depositor cannot be found), with provision for payment to the depositor or his heirs on establishment of the right, does not effect an invalid taking of the property of said banks; nor does a statute requiring banks to turn over to the protective cus- tody of the state deposits that, depending on the nature of the de- posit, have been inactive ten or twenty-five years. 245 A state is acting clearly within its police power in fixing maxi- mum rates of interest on money loaned within its border, and such regulation is within legislative discretion if not unreasonable or ar- bitrary. 246 Equally valid is a requirement that assignments of fu- ture wages as security for debts of less than $200, to be valid, must be accepted in writing by the employer, consented to by the assign- ors, and filed in public office. Such a requirement deprives neither the borrower nor the lender of his property without due process of law. 247 242 House v. Mayes, 219 U.S. 270 (1911). 243 Doty v. Love, 295 U.S. 64 (1935) (rights of creditors in an insolvent bank not violated by a later statute permitting re-opening under a reorganization plan ap- proved by the court, the liquidating officer, and by three-fourths of the creditors); Farmers & Merchants Bank v. Federal Reserve Bank, 262 U.S. 649 (1923) (Federal
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