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Payne v. Kansas ex rel. Brewster

Payne Et Al. v. State of Kansas Ex Rel. Brewster, Attorney General

Payne v. Kan. ex rel. Brewster, 248 U.S. 112 (1918)
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Court
Supreme Court of the United States
Decided
December 9, 1918
Docket
No. 49
Judges
McReynolds
Citations
248 U.S. 11239 S. Ct. 3263 L. Ed. 1531918 U.S. LEXIS 1696
Syllabus
A state law forbidding sale of farm produce on commission without á license, to be procured upon a proper showing as to character, responsibility, etc., a bond conditioned to make honest accounting, and payment of a fee of ten .dollars, held consistent, with the Fourteenth Amendment.
Summary
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — McReynolds

Memorandum opinion by Mr. Justice McReynolds.

The validity of c. 371, Laws of Kansas, 1915 — “An act in relation to the sale of farm produce on commission” — is challenged by'certain grain dealers carrying on business in that .State. It forbids the sale of farm produce on commission without an annual license, to be procured from the State Board of Agriculture upon a proper showing as to character, responsibility, etc., and a bond conditioned to make honest accountings A fee.of ten dollars is required.

*113 Plaintiffs in error maintain that the statute is class legislation which abridges their rights and privileges, that it deprives .them of the equal- protection of the laws and also of their property without due process of law— all in violation of the Fourteenth Amendment.

Manifestly, the purpose of the State was to prevent certain evils incident to-the business of commission merchants in farm products by regulating it. Many former opinions have pointed out the limitations upon powers of the States concerning matters of this kind, and we think the present record fails to show that these limitations' have, been transcended.

Rast v. Van Deman & Lewis Co., 240 U. S. 342 ;

Brazee v. Michigan, 241 U. S. 340 ; Adams v. Tanner, 244 U. S. 590 .

The judgment of the court below is Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 34 cases

View all citing references →
1921: 11923: 11926: 31927: 11929: 21930: 21932: 11933: 11934: 21935: 11936: 31937: 11939: 31948: 11963: 11997: 11998: 12000: 12008: 12015: 12021: 22024: 12025: 219212026peak 1926 · 3

Relies on it most ⓘ

  1. State ex rel. Morrison v. Sebelius179 P.3d 366 (Kan. 2008)
  2. State ex rel. Tomasic v. UNIFIED GOV. OF WYANDOTTE COUNTY/KANSAS CITY955 P.2d 1136 (Kan. 1998)
  3. Nelsen v. Tilley289 N.W. 388 (Neb. 1939)
  4. Kansas Building Industry Workers Compensation Fund v. State359 P.3d 33 (Kan. 2015)
  5. Baker v. Hayden490 P.3d 1164 (Kan. 2021)
  6. State v. Maitrejean192 So. 361 (La. 1939) · Dissent

Most recent

  1. Gould v. CrawleyNo. 127343 (Kan. Ct. App. July 11, 2025)
  2. State v. PhippsNo. 125269 (Kan. June 27, 2025)
  3. Moeder v. U.S.D. No. 512No. 126644 (Kan. Ct. App. June 28, 2024)
  4. Baker v. Hayden490 P.3d 1164 (Kan. 2021)
  5. In re Bradley TrustNo. 122482 (Kan. Ct. App. May 7, 2021)
  6. Kansas Building Industry Workers Compensation Fund v. State359 P.3d 33 (Kan. 2015)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Rast v. Van Deman & Lewis Co., 240 U.S. 342 (1916) 336
Adams v. Tanner, 244 U.S. 590 (1917) 143
Brazee v. Michigan, 241 U.S. 340 (1916) 66

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