could intervene in action by State to wind up its affairs, either to protect depositors or for benefit of State. Validity of statute levying assessment on banks for depositors' guaranty fund. Note, Ann. Cas. 1912A, 490. State regulation of private banking. Note, Ann. Cas. 1914A, 172. 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, 676. Constitutional questions raised by the enactment of compulsory workmen's compensation acts based upon State insurance funds, and compensation acts modeled after the British act of 1906. Note, 10 N. C. C. A. 24. 219 U. S. 121–127, 55 L. Ed. 123, 31 Sup. Ct. 189, ASSARIA STATE BANK V. DOLLEY. Kansas statute of 1907 establishing bank depositor's guaranty fund and requiring banks to contribute thereto is valid. Approved in Abilene Nat. Bank v. Dolley, 228 U. S. 4, 57 L. Ed. 708, 33 Sup. Ct. 409, upholding Kansas Bank Depositors' Guaranty Act, as applied to national bank; Commonwealth v. Riley, 210 Mass. 394, Ann. Cas. 1912D, 388, 97 N. E. 370, upholding statute of 1902 regulating hours of labor of women and children employed in mechanical and manufacturing establishments; State v. State Bank & Trust Co., 37 Nev. 62, 139 Pac. 507, holding under act of 1913, authorizing attorney general to proceed in relation to receivership of State bank and trust company, attorney general could intervene in proceeding by State to wind up its affairs, either to protect depositors or for benefit of State; State v. Davis, 157 N. C. 651, 39 L. R. A. (N. S.) 136, 73 S. E. 132, upholding provisions of Revisal 1908, § 3712a, declaring it misdemeanor to charge more than six per cent on loan secured by mortgage on household furniture; 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 for dependents of killed employees; dissenting opinion in Bracy v. Darst, 218 Fed. 498, majority holding West Virginia statute of 1913, regulating investment companies, and applying to corporations, individuals, partnerships or voluntary associations, void as abridging right of citizens to contract. Distinguished in Ives v. South Buffalo Ry. Co., 201 N. Y. 315, 317, Ann. Cas. 1912B, 156, 34 L. R. A. (N. S.) 162, 94 N. E. 448, 1 N. C. C. A. 554, holding void Workmen's Compensation Act (Laws 1910, c. 674), imposing absolute liability upon employers for injuries sustained by employees in certain designated occupations. Validity of statute levying assessment on banks for depositors. State regulation of private banking. Note, Ann. Cas. 1914A, 172. 1066. Constitutionality of workmen's compensation and industrial insurance. Note, L. R. A. 1916A, 416. Constitutional questions raised by the enactment of compulsory workmen's compensation acts based upon State insurance funds, and compensation acts modeled after the British act of 1906. Note, 10 N. C. C. A. 24. Who may raise objection to constitutionality of statute or ordinance. Note, Ann. Cas. 1915C, 58. 219 U. S. 128-139, 55 L. Ed. 128, 31 Sup. Ct. 190, ENGEL v. O'MALLEY. Person having resided in State for more than five years cannot object to statute as denial of equal protection of law because it excludes those who have not resided in State for such period. Approved in Jeffrey Mfg. Co. v. Blagg, 235 U. S. 576, 59 L. Ed. 368, 35 Sup. Ct. 167, 7 N. C. C. A. 573, upholding Workmen's Compensation Act of Ohio establishing State plan for employers of more than five persons, and abolishing defenses of fellow-servant, assumption of risk, and contributory negligence as to employers not coming into plan; Raich v. Truax, 219 Fed. 283, holding alien cannot sue as representative of class under equity rule 38 (198 Fed. xxix, 115 C. C. A. xxix), to enjoin enforcement of Arizona statute requiring employers to employ not less than eighty per cent qualified electors or native-born citizens; Republic Iron etc. Co. v. Carlton, 189 Fed. 130, validity of provisions of Maryland law of 1908, abating actions at law by creditors to enforce stockholder's liability for unpaid subscriptions brought after July 1, 1907, will not be determined in action brought after passage of act; Gherna v. State, 16 Ariz. 357, Ann. Cas. 1916D, 94, 146 Pac. 500, person charged with selling liquor in violation of prohibition amendment to Constitution may not raise question of validity of provision prohibiting introduction of liquor into State. Who may raise objection to constitutionality of statute or ordinance. Note, Ann. Cas. 1915C, 60. Who may object to statute as containing unconstitutional discrimination. Note, 32 L. R. A. (N. S.) 955, 958. Protection of banking business which is transacted with poor and ignorant immigrants is within police power of State, and New York Banking Act of 1910 is not invalid as denial of equal protection of law or denial of due process of law. Approved in Brazee v. Michigan, 241 U. S. 343, 60 L. Ed. 1036, 36 Sup. Ct. 561, upholding provisions in Michigan Public Act No. 301, of 1913, regulating, and imposing license fee upon employment agencies; Miller v. Wilson, 236 U. S. 384, L. R. A. 1915F, 829, 59 L. Ed. 632, 35 Sup. Ct. 342, upholding California statute of 1911 limiting hours of women employed in hotels and other specified occupations; International Harvester Co. v. Missouri, 234 U. S. 213, 214, 52 L. R. A. (N. S.) 525, 58 L. Ed. 1283, 34 Sup. Ct. 859, upholding Missouri anti-trust laws of 1899 and 1909 embracing vendors of commodities, but not vendors of labor and services; Chesapeake etc. Ry. Co. v. Conley, 230 U. S. 523, 57 L. Ed. 1604, 33 Sup. Ct. 985, upholding West Virginia statute of 1907, establishing two cent passenger rate in State and exempting railroads less than fifty miles in length; Toyota v. Territory of Hawaii, 226 U. S. 192, 57 L. Ed. 184, 33 Sup. Ct. 47, upholding Rev. Laws of Hawaii, § 1343, imposing on auctioneers in Honolulu license fee of six hundred dollars, as against fifteen dollars in other districts; Mutual Loan Co. v. Martell, 222 U. S. 236, Ann. Cas. 1913B, 529, 56 L. Ed. 180, 32 Sup. Ct. 74, upholding Massachusetts statute of 1908, making invalid assignments of future wages less than two hundred dollars without written acceptance by employer, consent of wife, and filing in public office; In re Rosett, 204 Fed. 433, 122 C. C. A. 617, holding New York creditors alone, upon bankruptcy of bank, are entitled to benefit of deposit made in accordance with Laws of 1911, c. 393, §§ 25 and 29d, by bank transacting business in New York and other States; State Savings etc. Bank v. Anderson, 165 Cal. 443, 444, 132 Pac. 758, upholding Banking Act (Stats. 1909, p. 115), § 136, authorizing superintendent of banks believing bank unsafe, to take possession of property and business; State v. Gish, 168 Iowa, 81, 150 N. W. 41, upholding Acts 34th Gen. Assem., c. 72, imposing fee for registration of automobiles; United Shoe Mach. Co. v. La Chapelle, 212 Mass. 484, Ann. Cas. 1913D, 715, 99 N. E. 289, 293, contract of employee with employer having monopoly of shoe machinery to assign all inventions within ten years of termination of employment, similar to contracts of 90 per cent of those skilled in manufacture of such machinery, is void under Sherman Act; State v. Walter Bowen & Co., 86 Wash. 30, 149 Pac. 332, holding valid provisions of commission merchants' law (Rem. & Bal. Code, §§ 7024-7035), applicable to defendants, are not rendered void by invalidity of other provisions not applicable to them, which are separable; dissenting opinion in Bracey v. Darst, 218 Fed. 502, majority holding blue sky law of West Virginia of 1913, regulating investment companies and applying to corporations, individuals, partnerships, or voluntary associations, void as abridging right of citizens to contract. Distinguished in Ives v. South Buffalo Ry. Co., 201 N. Y. 315, 316, Ann. Cas. 1912B, 156, 34 L. R. A. (N. S.) 162, 94 N. E. 448, 1 N. C. C. A. 554, holding void Workmen's Compensation Act of 1901, imposing absolute liability upon employers for injuries sustained by employees in certain designated occupations. State regulation of private banking. Note, Ann. Cas. 1914A, 172. Constitutionality of statute authorizing officer to take charge of bank assets upon suspicion of insolvency. Note, L. R. A. 1915E, 675, 676. Legislation which regulates business may make distinctions depend upon degrees of evil. Approved in International Harvester Co. v. Missouri, 234 U. S. 213, 52 L. R. A. (N. S.) 525, 58 L. Ed. 1283, 34 Sup. Ct. 859, upholding Missouri anti-trust laws of 1899 and 1909 embracing vendors of commodities but not vendors of labor and services; The Michigan Telephone Tax Cases, 185 Fed. 640, upholding Public Acts of Michigan of 1909, No. 49, taxing property of telephone companies on ad valorem basis, and exempting companies whose gross receipts within State for fiscal year did not exceed five hundred dollars; State v. Davis, 157 N. C. 651, 39 L. R. A. (N. S.) 136, 73 S. E. 132, upholding provisions of Revisal of 1908, § 3712a, declaring it misdemeanor to charge more than six per cent on loan secured by mortgage on household furniture. State statute regulating receipt of deposits of money is not burden on interstate or foreign commerce because deposits may be transmitted to other States or foreign countries. Approved in New York Life Ins. Co. v. Deer Lodge County, 231 U. S. 512, 58 L. Ed. 339, 34 Sup. Ct. 167, holding Montana statute imposing on insurance companies transacting business within State tax measured by excess of premiums over losses and expenses within State is not void as burden on interstate commerce, as applied to foreign insurance company; 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, is void as including all owners of interstate pipelines, regardless of whether they are common carriers or not. Constitutional questions raised by the enactment of compulsory workmen's compensation acts based upon State insurance funds, and compensation acts modeled after the British act of 1906. Note, 10 N. C. C. A. 45. 219 U. S. 140-165, 55 L. Ed. 137, 31 Sup. Ct. 171, KENTUCKY UNION CO. v. KENTUCKY. Ex post facto law and retroactive law are entirely different things; ex post facto law as term is used in Federal Constitution refers to criminal punishments and does not include retrospective laws of different character. Approved in Adams v. Adams, 211 Mass. 202, 97 N. E. 984, upholding section 10, making retroactive provisions of Statute of 1905, c. 326, requiring trust estate created by will to be distributed as intestate estate fourteen years after beneficiary's absence or disappearance from State. Revenue and Taxation Act of Kentucky of 1906, requiring owners to register lands and pay taxes and forfeiting lands for noncompliance therewith after judicial proceeding and opportunity to be heard, does not deny land owner of property without due process of law. Approved in Sheffey v. Davis Colliery Co., 204 Fed. 342, denying right of land owner failing to enter land for taxes to maintain action to recover land from purchaser at void judicial sale. Time not unreasonably short for beginning of actions may be fixed by legislature, having in view particular conditions without violating due process clause. Approved in Grant Timber & Mfg. Co. v. Gray, 236 U. S. 135, 59 L. Ed. 503, 35 Sup. Ct. 279, upholding Louisiana Code of Practice, art. lv, that person sued in possessory action cannot bring petitory action until after judgment in possessory action and if he has been condemned, not until after he has satisfied judgment against him; Blinn v. Nelson, 222 U. S. 7, Ann. Cas. 1913B, 555, 56 L. Ed. 68, 32 Sup. Ct. 1, upholding provision of Rev. Laws of Massachusetts, c. 144, allowing little more than year to recover personal property by party not heard from for fourteen years; Orient Ins. Co. v. Board of Assessors for the Parish of Orleans, 221 U. S. 361, 55 L. Ed. 771, 31 Sup. Ct. 550, holding foreign insurance company is not denied due process by assessment of taxation for credits due from residents on ground that assessments are excessive or result of guesswork, where opportunity was given to bring suit within reasonable time to reduce assessments; Hopkins v. Richmond, 117 Va. 720, 721, 86 S. E. 147, upholding Richmond segregation ordinance of 1911, as applied to rights of owners or tenants accruing since its enactment. While Virginia-Kentucky compact of 1789 prevents cutting down of titles secured from Virginia prior to its date, so as to take away substantial rights incident to title, it does not prevent Kentucky, upon notice and hearing, from requiring registration of land titles for taxation, or in default thereof, from forfeiting such titles to State. Approved in Coyle v. Smith, 28 Okl. 160, 113 Pac. 960, holding Oklahoma Enabling Act of 1906, providing that temporary capital should be at Guthrie and not changed therefrom prior to 1913 is regulation of internal officers of State and ceases to be limitation upon admission of State. State may classify subjects of taxation so long as all persons similarly situated are treated alike. Approved in State v. Fairmont Creamery Co., 153 Iowa, 714, 42 L. R. A. (N. S.) 821, 133 N. W. 900, upholding Code Supplement, § 5028b, as amended by Act of 33d Assembly, prohibiting discrimination between different sections of State by purchasers of specified pro ducts. |