Legal Opinion

Brazee v. Michigan

Supreme Court of the United States

Decided May 22, 1916No. 402PublishedCited by 76 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP MICHIGAN. The. facts, which involve the constitutionality under the Fourteenth Amendment of Public Act No. 301 of 1913. of Michigan, imposing licenses on the conducting of employment agencies, are stated in the opinion. The provision in § 5 of the statute is unconstitutional in that it abridges the right and liberty to contract, and is a denial of due process of law. The whole act is unconstitutional under the Fourteenth Amendment.

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ERROR TO THE SUPREME COURT OP THE STATE OP MICHIGAN. The. facts, which involve the constitutionality under the Fourteenth Amendment of Public Act No. 301 of 1913. of Michigan, imposing licenses on the conducting of employment agencies, are stated in the opinion. The provision in § 5 of the statute is unconstitutional in that it abridges the right and liberty to contract, and is a denial of due process of law. The whole act is unconstitutional under the Fourteenth Amendment. The penalty provisions of the statute are unconstitutional. The facts are reviewable by this court.- The case is one of…

1Opinion of the CourtJustice McReynolds

Brazee having taken out a license to conduct an employment agency in Detroit under Act 301, Public- Acts of Michigan, 1913, was thereafter convicted upon a charge of violating its provisions by sending one seeking.employment to an employer who had not applied for help. He claimed the statute was invalid upon its face because in conflict with both state and Federal Constitutions, and lost in both trial and Supreme Courts. 183 Michigan, 259. Now he insists it offends that portion of the Fourteenth Amendment which declares, “No State shall make or enforce any law which shall abridge the…

2Cases cited8 opinions

  1. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
  2. Gundling v. ChicagoSupreme Court of the United States · 1900
  3. Williams v. FearsSupreme Court of the United States · 1900
  4. New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
  5. Engel v. O'MALLEYSupreme Court of the United States · 1911

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3Cited by76 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
  3. Olsen v. Nebraska Ex Rel. Western Reference & Bond Assn., Inc.Supreme Court of the United States · 1941
  4. Great Atlantic & Pacific Tea Co. v. GrosjeanSupreme Court of the United States · 1937
  5. Adams v. TannerSupreme Court of the United States · 1917

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