CONSTITUTIONAL LAW-Continued.

Shirley Amendment to Food and Drugs Act not unconstitu-
tional under Fifth Amendment for uncertainty. Seven
Cases v. United States...
VII. Fourteenth Amendment.

1. Generally: General provisions of Fourteenth Amendment
embody fundamental conceptions of justice and do not
prevent State from adopting public policy to meet special
exigencies, such as establishment of drainage districts,
nor do other provisions of Constitution. O'Neill v.
Leamer..

Fourteenth Amendment does not interfere with discretionary
power of States to raise revenue by imposing taxes and
assessments, and may impose them for improvements al-
ready made even though proceeds be used for other public
purposes without violating equal protection and due process
provisions. Wagner v. Baltimore..

PAGE

510

244

... 207

Drainage District Statutes of Nebraska of 1905 and 1909
not denial of due process of law or denial of equal protection
of law. O'Neill v. Leamer..

244

Federal Constitution does not require all public acts to be
done in town meeting. Bi-Metallic Co. v. Colorado. .... 441
Order of Colorado Board of Equalization increasing valua-
tion of all taxable property in Denver, valid under state law,
not violative of Fourteenth Amendment because opportu-
nity to be heard not given city or taxpayers. Id.
2. Due process of law: Appellate court may, without violat-
ing Fourteenth Amendment, correct interlocutory decision
on a first appeal when case again comes up with same parties
and whether it can be done in particular case is state matter
and decision of highest court controlling here. Moss v.
Ramey..

Due process of law not denied by Oklahoma in disregard
$5039, Rev. Laws Oklahoma, making provisions of state
statute applicable to trials by court without jury. Porter v.
Wilson...

Allowance by court, after testimony in, of amendment
bringing case specifically under Employers' Liability Act,
not denial of due process of law. Seaboard Air Line Ry. v.
Koennecke.
Taxation without jurisdiction denies due process of law and
this rule applies to assertion of authority on the part of the
State to exact license tax for acts done beyond its sphere of
control. Provident Savings Assn. v. Kentucky.

538

170

352

103

CONSTITUTIONAL LAW-Continued.

Imposing taxes on premiums collected on life insurance pol-
icies of residents of Kentucky in pursuance of statute of that
State, after company ceased doing business therein, uncon-
stitutional denial of due process of law. Id.

No abuse of legislative power violating due process provision
when no disproportion between assessment fixed and bene-
fits conferred as in case of Maryland Statutes of 1906 and
1908 imposing special tax on property in Baltimore for
street paving. Wagner v. Baltimore...

Where classification of property to be improved and assess-
ment are fixed by statute and specified sum fixed ratably by
area, notice and hearing not necessary and due process
clause not violated in absence of abuse of power. Id.
Due process not violated by State fixing basis of taxation for
governmental outlay by statute directly or by appropriate
legal proceeding. Houck v. Little River District...

So as to initial tax of twenty-five cents an acre for prelimi-
nary work under Missouri drainage statute. Id.
Assessments for public work may be laid either as to posi-
tion, area, frontage, market value or estimated benefits
without violating due process if power not abused. Houck
v. Little River District.

Action of local administrative body arbitrarily including
land not possibly benefited in drainage district solely for
purpose of obtaining revenue therefrom amounts to depriva-
tion of property without due process of law. Myles Salt Co.
v. Iberia Drainage District..

Legislature may constitute drainage districts and define
boundaries or delegate authority to local administrative
bodies and unless palpably arbitrary and plain abuse of
power does not deny due process. Id.

Section 14, Labor Law 1909, New York, not unconstitu-
tional as denying due process of law to any person because
it provides that only citizens of United States be employed
on public works and that preference be given to citizens of
New York. Heim v. McCall....
Crane v. New York.

Statute of South Carolina making delivering carrier re-
sponsible for damages to foods on through bills of lading of
intrastate shipments not voluntarily received does not de-
prive delivering carrier of property without due process of
law. Atlantic Coast Line v. Glenn ..

PAGE

207

254

254

478

175

195

388

Mere breach of contract on part of state officers does not

CONSTITUTIONAL LAW-Continued.

amount to taking property without due process of law.
Manila Investment Co. v. Trammell. . . .

Power arbitrarily exerted in imposing burden without an
advantage of any kind amounts to confiscation and violates
due process of law. Myles Salt Co. v. Iberia Drainage Dis-
trict.....

State has very broad powers over municipalities and may
exercise them in many ways giving rise to inequalities be-
tween municipalities without violating due process provi-
sion. Stewart v. Kansas City. ...

Statute requiring counties to reimburse cities of first class
but not of other classes for rebates allowed for prompt pay-
ment of taxes not unconstitutional under due process pro-
vision. Id.

PAGE

31

478

14

Tennessee statute, requiring foreign corporations to take
specified steps before maintaining action, not denial of due
process of law. Interstate Amusement Co. v. Albert. ...... 560
Proper police regulation prohibiting nuisances not denial of
due process law even though affecting use of property or
subjecting owner to expense in compliance. Northwestern
Laundry v. Des Moines..

Des Moines Smoke Abatement Ordinance not invalid as to
due process. Id.

State may prescribe duties of hotel keepers regarding fires
and police statute expressing rules in general does not lack
due process of law. Miller v. Strahl...

Statute of 1913 of Nebraska requiring keepers of hotels
having over fifty rooms to keep night watchmen and awaken
guests in case of fire not unconstitutional under due process
clause. Id.

Under the law of Washington Territory the property es-
cheated and passed under decree of probate court to county
in which it was located and that decree, being in accord with
valid law by a court of jurisdiction in a proceeding in rem
with opportunity to be heard, was valid, could not be at-
tacked collaterally and, there having been opportunity to
be heard, it did not deny due process of law. Christianson
v. King County.

3. Equal protection of the law: Conditions justify distinctions
and classifications. Hadacheck v. Los Angeles. . . .
Ordinance applying equally to all within terms not denial
equal protection law if reasonable basis for classification

486

426

356

394

CONSTITUTIONAL LAW—Continued.

even though other businesses might have been included.
Northwestern Laundry v. Des Moines....

State police statute otherwise valid not denial equal protec-
tion because it includes some municipalities and omits
others. Id.

Municipal ordinance cannot be attacked as denying equal
protection of law when contention based on disputable con-
siderations of classification and conditions not judicially
determinable. Hadacheck v. Los Angeles.

State has very broad powers over municipalities and may
exercise them in many ways giving rise to inequalities be-
tween municipalities without violating equal protection
provision. Stewart v. Kansas City..

Statute requiring counties to reimburse cities of first class
but not of other classes for rebates allowed for prompt pay-
ment of taxes not unconstitutional under equal protection
provision. Id.

In order to protect citizens of United States in employment
against non-citizens States may not require employers to
employ only specified percentage of aliens-such a statute
as in Arizona of December 14, 1914, denies aliens equal pro-
tection of laws even though allowing employment of some
aliens. Truax v. Raich..

Alien admitted to United States under Federal law has
privilege of entering and abiding in any State and as in-
habitant of State is entitled under Fourteenth Amendment
to equal protection of law as " any person within the juris-
diction of the United States" and this includes right to
earn living which was purpose of Amendment to secure. Id.
Section 14, Labor Law 1909 of New York does not deny
equal protection of the law because it provides that only
citizens of United States shall be employed on public works
and preference be given to citizens of New York. Heim v.
McCall..

Crane v. New York ...

Police power may be exerted under proper conditions to
declare under particular circumstances and in particular
localities specified businesses, such as brick making, which
are not nuisances per se to be nuisances in fact and law, as
in Los Angeles Ordinance-without violating Fourteenth
Amendment--but quære as to simply digging clay for brick-
making elsewhere. Hadacheck v. Los Angeles.

Fact that ordinance does not prohibit brick making business

PAGE

486

394

14

333

175

195

394

CONSTITUTIONAL LAW-Continued.

in all sections of city, as in Los Angeles ordinance, does not
make it unconstitutional as denying equal protection of law.
Id.

State may,
by direct legislation or through authorized mu-
nicipalities, declare emission of dense smoke in populous
neighborhoods nuisance and restrain, and unless arbitrary,
such regulations not violation of Fourteenth Amendment.
Northwestern Laundry v. Des Moines....

PAGE

... 486

Des Moines Smoke Abatement Ordinance not invalid under
Iowa statute or Fourteenth Amendment as to equal pro-
tection. Id.

Nebraska statute of 1913, requiring keepers of hotels having
over fifty rooms to keep night watchmen and awaken guests
in case of fire, not unconstitutional under equal protection
clause. Miller v. Strahl.

.. 426

Police statute, otherwise valid, not unconstitutional as
denying equal protection of law because only applicable to
hotels having more than fifty rooms: classification has rea-
sonable basis. Id.

On record in this case it does not appear that Washington
Workmen's Compensation Act is unconstitutional as deny-
ing equal protection of the law. Northern Pacific Ry. v.
Meese..

VIII. Fifteenth Amendment.

Drainage District Statute of Nebraska of 1905 and of 1909
not unconstitutional under Fifteenth Amendment. O'Neill
v. Leamer....

IX. Sixth Amendment.

614

244

Shirley Amendment to Food and Drugs Act not unconstitu-
tional under Sixth Amendment as preventing laying definite
charge thereunder. Seven Cases &c. v. United States...... 510
X. Eminent Domain.

In Eminent Domain proceedings an award of one dollar
does not deprive owner of property without due process of
law if court recognized right to substantial damage if any
but found no damages shown. Provo Bench Canal Co. v.
Tanner...

XI. Privileges and Immunities.

323

Under the Constitution every person born in the United
States is a citizen thereof. Mackenzie v. Hare. ....
Section 14, Labor Law 1907, New York, not unconstitu-
tional as denying privileges and immunities to foreigners
because it provides that only citizens of United States shall

299