The Constitution of the United States of America: Analysis and Interpretation / Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952

by Unknown

[1626] In Munn v. Illinois, 94 U.S. 113 (1877) a category of "business affected with a public interest" and whose property is "impressed with a public use" was recognized. A corporation engaged in such a business becomes a "quasi-public" corporation, the power of the State to regulate which is larger than in the case of a purely private corporation. Inasmuch as most corporations receiving public franchises are of this character, the final result of Munn v. Illinois was to enlarge the police power of the State in the case of the most important beneficiaries of the Dartmouth College decision.

[1627] Meriwether v. Garrett, 102 U.S. 472 (1880); Covington v. Kentucky, 173 U.S. 231 (1899); Hunter v. Pittsburgh, 207 U.S. 161 (1907).

[1628] East Hartford v. Hartford Bridge Co., 10 How. 511 (1851); Hunter v. Pittsburgh, 207 U.S. 161 (1907).

[1629] Trenton v. New Jersey, 262 U.S. 182, 191 (1923).

[1630] Newton v. Mahoning County, 100 U.S. 548 (1880).

[1631] Attorney General ex rel. Kies v. Lowrey, 199 U.S. 233 (1905).

[1632] Faitoute Iron & Steel Co. v. Asbury Park, 316 U.S. 502 (1942). In this case the contracts involved were municipal bonds, and hence "private" contracts; but the overruling power of the State in relation to its municipalities was one of the grounds invoked by the Court in sustaining the legislation. See Ibid. 509. "'A municipal corporation * * * is a representative not only of the State, but is a portion of its governmental power. * * * The State may withdraw these local powers of government at pleasure, and may, through its legislature or other appointed channels, govern the local territory as it governs the State at large. It may enlarge or contract its powers or destroy its existence.'" United States v. Baltimore & O.R. Co., 17 Wall. 322, 329 (1873); and see Hunter v. Pittsburgh, 207 U.S. 161 (1907).

[1633] Butler v. Pennsylvania, 10 How. 402 (1850); Fisk v. Police Jury, 116 U.S. 131 (1885); Dodge v. Board of Education, 302 U.S. 74 (1937); Mississippi Use of Robertson v. Miller, 276 U.S. 174 (1928).

[1634] Butler v. Pennsylvania, 10 How. 420 (1850). Cf. Marbury v. Madison, 1 Cr. 137 (1803); Hoke v. Henderson, 15 N.C., (4 Dev.) 1 (1833). See also United States v. Fisher, 109 U.S. 143 (1883); United States v. Mitchell, 109 U.S. 146 (1883); Crenshaw v. United States, 134 U.S. 99 (1890).

[1635] Fisk v. Police Jury, 116 U.S. 131 (1885); Mississippi Use of Robertson v. Miller, 276 U.S. 174 (1928).