CONSTITUTIONAL LAW-DUE PROCESS-REASONABLENESS OF POLICE REGULATION

Authors

Abstract

The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case the gatherer failed to keep the conditions of the bond, suit could be brought upon it, and the proceeds applied to the payment of producers' claims for unpaid milk bills. Peretta operated a milk station without a license, so an action was brought to recover the penalty provided to enforce this statute. The lower courts found for the defendant on the ground that the law was unconstitutional. People v. Peretta, 134 Mis. 652, 236 N. Y. S. 293; 228 App. Div. 420, 239 N. Y. S. 563. On appeal, reversed and held that this law was a legitimate exercise of the police power, not violative of due process and equal protection of the law. People v. Peretta, 253 N. Y. 305, 171 N.E. 72.

Recommended Citation

CONSTITUTIONAL LAW-DUE PROCESS-REASONABLENESS OF POLICE REGULATION, 29 Mich. L. Rev. 629 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss5/18