Asakura v. City of Seattle
Supreme Court of the United States
EKBOR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Error to a decree of the Supreme Court of Washington which sustained an ordinance of the City of Seattle restricting the business of pawnbroking, in a suit brought by Asakura to prevent its enforcement. A business can not be prohibited by a state legislature unless there is inherent in the business, irrespective of the character of some men who may engage in it, some evil or direct tendency to evil.
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EKBOR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Error to a decree of the Supreme Court of Washington which sustained an ordinance of the City of Seattle restricting the business of pawnbroking, in a suit brought by Asakura to prevent its enforcement. A business can not be prohibited by a state legislature unless there is inherent in the business, irrespective of the character of some men who may engage in it, some evil or direct tendency to evil. Cargill Co. v. Minnesota, 180 U. S. 452; Adams v. Tanner, 244 U. S. 590. Distinguishing Phalen v. Virginia, 8 How. 163; Mugler v. Kansas, 123…
1Opinion of the CourtJustice Butler
Plaintiff in error is a subject of the Emperor of Japan, and, since 1904, has resided in Seattle, Washington. Since July, 1915, he has been engaged in business there as a pawnbroker. The city passed an ordinance, which took effect July 2, 1921, regulating the business of pawnbroker and repealing former ordinances on the same subject. It makes it unlawful for any person to engage in the business unless he shall have a license, and the ordinance provides “ that no such license shall be granted unless the applicant be a citizen of the United States.” Violations of the ordinance are punishable by…
2Cases cited11 opinions
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- Foster v. NeilsonSupreme Court of the United States · 1829
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- Hauenstein v. LynhamSupreme Court of the United States · 1880
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