Brazee v. Michigan, 241 U.S. 340 (1916)

Brazee v. Michigan


No. 402


Argued April 6, 1916
Decided May 22, 1916
241 U.S. 340

ERROR TO THE SUPREME COURT
OF THE STATE OF MICHIGAN

Syllabus

A state, exercising its police power, may require licenses for employment agencies and prescribe reasonable regulations in respect to them to be enforced according to the legal discretion of a commissioner.

The provisions in Public Act No. 301 of Michigan of 1913, imposing a license fee to operate employment agencies and prohibiting employment agents from sending applicants to an employer who has not applied for labor, are not unconstitutional as depriving one operating an employment agency of his property without due process of law or as denying him the equal protection of the laws.

Provisions in the statute limiting fees that may be charged by those licensed thereunder are severable, and might, if unconstitutional, be eliminated without destroying the statute.

The validity of severable provisions of the statute involved in this case not having been raised by the charge against one violating it, and, not having been considered by the court below, has not been considered by this Court.

183 Mich. 259 affirmed.

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.