Ulterior public advantage may justify comparatively insignificant taking of private property for what, in its immediate purpose, is public use. Approved in People v. Crane, 214 N. Y. 171, Ann. Cas. 1915B, 1254, 108 N. E. 433, upholding Labor Law. (Consol. Laws, c. 31), § 14, requiring State, municipality or contractor to employ only United States citizens in construction of public work and to give preference to State citizens; State v. Creamer, 85 Ohio St. 391, 39 L. R. A. (N. S.) 694, 97 N. E. 604, 1 N. C. C. A. 34, upholding Ohio Laws, p. 524, creating insurance fund for benefit of insured employees and of dependents of killed employees. Police power of State extends to all great public needs and extends to enforcing primary conditions of successful commerce such as protection of bank deposits and checks. Approved in German Alliance Ins. Co. v. Lewis, 233 U. S. 407, 413, L. R. A. 1915C, 1189, 58 L. Ed. 1020, 1022, 34 Sup. Ct. 612 (affirming 189 Fed. 776), upholding Kansas statute of 1909, regulating rates of fire insurance; Eubank v. Richmond, 226 U. S. 143, Ann. Cas. 1914B, 192, 42 L. R. A. (N. S.) 1123, 57 L. Ed. 158, 33 Sup. Ct. 76, holding ordinance based on Laws of Virginia of 1908, requiring establishment of building lines in any block upon request of owners of two-thirds of property is void as depriving nonassenting owners of property without due process of law; Engel v. O'Malley, 219 U. S. 136, 55 L. Ed. 136, 31 Sup. Ct. 190, upholding Laws of New York of 1910, c. 348, regulating private banking; Raymond v. Chicago, M. & St. P. Ry. Co., 233 Fed. 243, 147 C. C. A. 245, upholding Laws of Washington of 1911, c. 74, providing for compensation to employees injured in hazardous occupations; Wiseman v. Tanner, 221 Fed. 700, upholding Washington Initiative Act No. 8, making it unlawful to demand or receive fees for furnishing employment to workers, or information leading thereto; Standard Home Co. v. Davis, 217 Fed. 920, upholding Arkansas act of 1913 regulating investment companies; Mutual Film Co. v. Industrial Commission, 215 Fed. 141, upholding Ohio act of 1913 providing for board of censors of motion-picture films; Alabama etc. Transp. Co. v. Doyle, 210 Fed. 179, holding void Public Acts of Michigan of 1913, No. 143, regulating investment companies; In re Arkansas Rate Cases, 187 Fed. 298, holding Arkansas two cent passenger law of 1907 and freight rates established by commission void as confiscatory; Western Indemnity Co. v. Pillsbury, 170 Cal. 710, 711, 151 Pac. 408, 10 N. C. C. A. 32, upholding Workmen's Compensation Act of 1913; State Savings etc. Bank v. Anderson, 165 Cal. 443, 444, 132 Pac. 757, 758, upholding Banking Act of 1909, § 136, authorizing superintendent of banks to take possession of property and business of bank which he thinks unsafe; Matter of Application of Lee, 28 Cal. App. 727, 153 Pac. 994, upholding ordinance of San Diego requiring every auto bus for which permit is issued to maintain regular schedule from 6 A. M. to 12 midnight daily for six days in week; State v. Lay, 86 Conn. 146, 84 Atl. 523, upholding Public Acts 1911, c. 163, regulating employment reference bureaus; Schaake v. Dolley, 85 Kan. 607, Ann. Cas. 1913A, 254, 37 L. R. A. (N. S.) 877, 118 Pac. 84, upholding Laws 1911, c. 125, § 2, relating to formation of private corporations, and authorizing board to refuse charter to bank not needed in community; State v. Gurry, 121 Md. 544, Ann. Cas. 1915B, 957, 47 L. R. A. (N. S.) 1087, 88 Atl. 550, ordinance prohibiting white or colored person owning dwelling when ordinance was enacted from moving into it because he is different color from others in block is void as depriving owner of vested rights; In re Opinion of the Justices, 211 Mass. 623, 99 N.E. 295, holding statute forbidding person engaged in distribution of commodity to discriminate in price between different parts of State for purpose of destroying business of competitor is within police power of State; Colvill v. Fox, 51 Mont. 75, 149 Pac. 497, upholding statutes authorizing State inspector of fruit pests to destroy infected fruit; Cunningham v. Northwestern Improvement Co., 44 Mont. 207, 119 Pac. 560, 1 N. C. C. A. 732, holding Laws 1909, c. 67, providing for State industrial insurance and workman's compensation for injuries, in ease of employees engaged in coal mining though void for other reasons, is not void as beyond police power; Cunningham v. Northwestern Improvement Co., 44 Mont. 219, 119 Pac. 565, 1 N. C. C. A. 742, holding Laws 1909, c. 67, providing for indemnity to injured employee engaged in coal mining, though void for other reasons, is not void because it does not differentiate between careful and careless employer; dissenting opinion in In re Beck's Estate, 44 Mont. 578, 121 Pac. 789, majority holding State cannot take as residuary legatee for use and benefit of Orphans' Home under act of 1909, providing that all donations, gifts, or devises to State institutions shall be made to such institution in its legal name; Northwestern Trust Co. v. Brandbury, 117 Minn. 91, Ann. Cas. 1913D, 69, 134 N. W. 515, holding payment of public examiner's assessment under R. L. 1905, § 3000, does not discharge stockholder's liability under Constitution, art. X, § 3, creating reserve fund for benefit of creditors; State v. J. J. Newman Lumber Co., 102 Miss. 823, 45 L. R. A. (N. S.) 851, 59 South. 925, 926, upholding Laws 1912, c. 157, limiting hours of employees in manufacturing establishments; State ex rel. Martin v. Howard, 96 Neb. 292, 293, 294, 147 N. W. 694, 695, upholding Laws 1913, known as Insurance Code, §§ 147, 148 and 149, mitting establishment of maximum rates of premium for surety and fidelity companies by insurance board; Freadrich v. State, 89 Neb. 354, 34 L. R. A. (N. S.) 650, 131 N. W. 622, upholding Pure Food Law of Ormsby County v. Kearney, 37 Nev. 337, 142 Pac. 805, Stats. 1913, e. 140, authorizing State engineer to institute proceedings to determine water rights is valid if construed as administrative only, but is void in so far as it makes decrees final and conclusive; Carter v. Craig, 77 N. H. 205, Ann. Cas. 1914D, 1179, 52 L. R. A. (N. S.) 211, 90 Atl. 600, upholding Laws 1907, c. 68, § 1, imposing tax on property passing 1909 ; per by will; Jensen v. Southern Pac. Co., 215 N. Y. 525, 526, 528, Ann. Cas. 1916B, 276, L. R. A. 1916A, 403, 109 N. E. 603, 604, 9 N. C. C. A. 301, upholding Workmen's Compensation Act (Consol. Laws, c. 67; L. 1914, c. 41); Bloomfield v. State, 86 Ohio St. 264, Ann. Cas. 1913D, 629, 41 L. R. A. (N. S.) 726, 99 N. E. 311, upholding act of 1909, regulating liquor traffic and prohibiting aliens from engaging in that business; State v. Creamer, 85 Ohio St. 391, 39 L. R. A. (N. S.) 694, 97 N. E. 604, 1 N. C. C. A. 34, upholding Ohio Laws, p. 524, creating insurance fund for benefit of injured employees and of dependents of killed employees; State v. Bunting, 71 Or. 267, Ann. Cas. 1916C, 1003, 139 Pac. 734, upholding Laws 1913, c. 102, limiting hours of employment of persons in mill, factory or manufacturing establishment to ten hours a day; Hopkins v. City of Richmond, 117 Va. 720, 86 S. E. 146, upholding Richmond segregation ordinance of 1911, as applied to rights of owners accruing since passage of act; Shenandoah Lime Co. v. Mann, 115 Va. 874, Ann. Cas. 1915C, 973, 80 S. E. 756, upholding Convict Lime Grinding Act (Acts 1912, c. 295), providing for employment of certain classes of convicts in grinding oyster shells and limestone; State v. Spokane etc. R. Co., 89 Wash. 605, 154 Pac. 1113, holding Public Service Commission Law (Sess. Laws 1911, p. 543), extending jurisdiction of commission to companies selling electricity for light, heat and power, does not extend its jurisdiction to traction company selling surplus power to private buyers; State v. Howell, 85 Wash. 286, 147 Pac. 1164, holding Laws 1915, p. 43, relating to sale of bonds for special improvement and declaring act is emergent is not subject to referendum under Constitution, art. II, § 1 (b); State v. Pitney, 79 Wash. 611, Ann. Cas. 1916A, 209, 140 Pac. 919, upholding Laws 1913, c. 134, imposing license tax upon merchants using trading-stamps, coupons, certificates, or other similar devices in connection with sale of goods; State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 184, 37 L. R. A. (N. S.) 466, 117 Pac. 1109, 2 N. C. C. A. 823; 3 N. C. C. A. 617, and State v. Mountain Timber Co., 75 Wash. 585, 135 Pac. 647, 4 N. C. C. A. 814, both upholding industrial insurance law (Laws 1911, c. 74), to provide more certain, speedy and adequate compensation to injured employees. Distinguished in Ives v. South Buffalo Ry. Co., 201 N. Y. 315, 317, 319, Ann. Cas. 1912B, 156, 34 L. R. A. (N. S.) 162, 94 N. E. 448, 449, 1 N. C. C. A. 551, holding void Workmen's Compensation Act (Laws 1910, c. 674), imposing absolute liability upon employers for injuries. sustained by employees in certain designated occupations. Right of State to control number of banking corporations in particular locality. Note, Ann. Cas. 1913A, 261. State regulation of private banking. Note, Ann. Cas. 1914A, 172. Constitutionality of statute imposing liability for injury to servant, irrespective of negligence. Note, 34 L. R. A. (N. S.) 163. Constitutionality of workmen's compensation and industrial insur- Constitutionality of Workmen's Compensation Acts. Note, 1 Constitutional questions raised by the enactment of compulsory With regard to police power, as elsewhere in law, lines are pricked out by gradual approach and contact of decisions on opposing sides. Approved in In re All Star Feature Corporation, 231 Fed. 252, holding actress contracting to fill four weeks engagement for five thousand dollars was not workman or servant within meaning of Bankruptcy Act, and is not entitled to priority of payment; State ex rel. McCue v. Northern Pac. Ry. Co., 26 N. D. 498, 145 N. W. 159, upholding Laws of 1907 prescribing maximum intrastate freight rate for specified commodity, where it is not shown that total net intrastate earnings fail to yield fair return. Fourteenth Amendment does not prohibit State from forbidding man to do what he might have done under common law. Approved in Title Guaranty etc. Co. v. Idaho, 240 U. S. 142, 60 L. Ed. 569, 36 Sup. Ct. 346, upholding provision of Idaho banking law requiring bank commissioner to close bank found to be insolvent without judicial proceedings; Mechanics' Building etc. Assn. v. Coffman, 110 Ark. 279, 162 S. W. 1093, upholding Laws 1913, p. 904, regulating building and loan associations and other investment companies; Eureka County Bank Habeas Corpus Cases, 35 Nev. 98, 126 Pac. 659, upholding Act of 1909 (Laws 1909, c. 92), making it offense for bank officer or employee to receive deposit knowing bank is insolvent; dissenting opinion in Prairie Oil & Gas Co. v. United States, 204 Fed. 825, majority holding amendment to Interstate Commerce Act, § 1, extending act to person or corporation engaged in transportation of oil, including all owners of interstate pipe-lines, regardless of whether or not they are common carriers, is void. Distinguished in dissenting opinion in Wiseman v. Tanner, 221 Fed. 711, majority upholding Initiative Act No. 8, making it unlawful to demand or receive fees for furnishing employment to workers or information leading thereto. Oklahoma acts of 1907 and 1909, subjecting banks to assessments for depositors' guaranty fund is not denial of equal protection or due process of law, nor impairment of obligation of contracts. Approved in Lankford v. Platte Iron Wks. Co., 235 U. S. 470, 59 L. Ed. 318, 35 Sup. Ct. 173, holding suit by depositor in bank in Oklahoma to compel payments from depositors' guaranty fund is suit against State; Assaria State Bank v. Dolley, 219 U. S. 126, 55 L. Ed. 127, 31 Sup. Ct. 189, upholding Kansas statute of 1907, establishing bank depositors' guaranty fund; Citizens' Ins. Co. v. Clay, 197 Fed. 437, holding foreign fire insurance company cannot enjoin enforcement of Kentucky State insurance rate law of 1912, creating State insurance board with power to establish rates; State ex rel. Farmers' State Bank of Pickrell v. Hevelone, 92 Neb. 753, 139 N. W. 638, upholding amendment of 1911 to section 46 of Banking Act of 1909 (Laws 1909, c. 10), creating depositors' guaranty fund by proviso that no other or different security should be required; State v. State Bank and Trust Co., 37 Nev. 62, 139 Pac. 507, holding under act of 1913 authorizing attorney general to proceed as he deemed necessary in relation to receivership of State Bank and Trust Company, attorney general could intervene in action by State to wind up its affairs, either to protect depositors or for benefit of State; Columbia Bank etc. Co. v. United States Fidelity etc. Co., 33 Okl. 544, 126 Pac. 560, holding Comp. Laws 1909, § 7943, providing specific system for protection of school fund is valid and that Comp. Laws 1909, § 323, providing for Depositors' Guaranty Fund, does not apply to deposits of permanent school fund. Constitutionality of bank guaranty law. Note, 32 L. R. A. (N. S.) 1066. Constitutionality of statute authorizing officer to take charge of bank assets upon suspicion of insolvency. Note, L. R. A. 1915E, 675, 676. 219 U. S. 114–120, 55 L. Ed. 117, 31 Sup. Ct. 189, SHALLENBERGER v. FIRST STATE BANK OF HOLSTEIN. Nebraska statute providing for guaranty fund and prohibiting banking except by corporations formed under act is valid. Approved in Title Guaranty etc. Co. v. Idaho, 240 U. S. 142, 60 L. Ed. 569, 36 Sup. Ct. 346, upholding provision of Idaho banking law, requiring bank commissioner to close bank found to be insolvent without judicial proceedings; State ex rel. Martin v. Farmers' etc. Bank of Oakland, 93 Neb. 2, 139 N. W. 654, holding void proviso to section 45 of Banking Act (Laws 1909, c. 10), as amended by Laws of 1911, and proviso to repealing clause of that act attempting to keep amended sections in force as to such banks as change to national banks before specified time, while repealing amended sections as to other State banks; State ex rel. Farmers' State Bank v. Hevelone, 92 Neb. 753, 139 N. W. 638, upholding proviso added by act of 1911, to section 45 of Banking Act of 1909 (Laws 1909), c. 10, creating depositors' guaranty fund, that no other or different security should be required; State ex rel. Sparks v. State Bank & Trust Co., 37 Nev. 62, 139 Pac. 507, holding under act of 1913 authorizing attorney general to proceed as he deemed necessary in relation to receivership of State bank and trust company, attorney general |