Gatewood v. North Carolina, 203 U.S. 531 (1906)

Gatewood v. North Carolina

No. 105

Argued November 16, 1906
Decided December 24, 1906
203 U.S. 531

ERROR TO THE SUPREME COURT OF

THE STATE OF NORTH CAROLINA

Syllabus

In determining the constitutionality of a state statute, this Court must follow the construction given thereto by the highest court of the state, and a ruling by that court that the provisions of a statute prohibiting the purchasing of a commodity on margin, and the carrying on of "bucket shops" for dealing in such commodity are separable is conclusive on this Court, and refutes the contention of one convicted of carrying on a "bucket shop" that the law is void as to in because certain presumptions created by the statute in regard to the prohibitions of purchasing on margins may be repugnant to the Fourteenth Amendment; nor will this Court determine that the creation of certain presumptions of guilt by a state statute is repugnant to the due process clause of the Fourteenth Amendment when the record does not show that the conviction sought to be reviewed was based on these presumptions, and could not have been based on independent evidence.

138 N.C. 149 affirmed

The facts are stated in the opinion.