|
|
Quong Wing v. Kirkendall, 223 U.S. 59 (1912)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Quong Wing v. Kirkendall, 223 U.S. 59 (1912)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 223 U.S. 1, click here.
Quong Wing v. Kirkendall No. 119 Argued December 18, 1911 Decided January 22, 1912 223 U.S. 59
ERROR TO THE SUPREME COURT
OF THE STATE OF MONTANA
Syllabus
A state does not deny equal protection of the laws by adjusting its revenue laws to favor certain industries.
A state, like the United States, although with more restrictions and to a less degree, may carry out a policy even if the courts may disagree as to the wisdom thereof. In carrying out its policy, a state may make discriminations so long as they are not unreasonable or purely arbitrary.
On the record as presented in this case, and without prejudice to determining the question, if raised in a different way, the statute of Montana imposing a license fee on hand laundries doe not appear to be an unconstitutional denial of equal protection of the law because it does not apply to steam laundries and because it exempts from its operation laundries not employing more than two women.
The Fourteenth Amendment doe not interfere with state legislation by creating a fictitious equality where there is a real difference.
Quaere whether this statute is aimed directly at the Chinese, in which case it might be a discrimination denying equal protection.
When counsel do not bring the facts before it, the court is not bound to make inquiries.
Courts sometimes enforce laws which would be declared invalid if attacked in a different manner.
39 Mont. 6 affirmed.
The facts, which involve the constitutionality of a laundry license act of Montana, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Quong Wing v. Kirkendall, 223 U.S. 59 (1912) in 223 U.S. 59 223 U.S. 60–223 U.S. 62. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=75A1223VSID24U5.
MLA: U.S. Supreme Court. "Syllabus." Quong Wing v. Kirkendall, 223 U.S. 59 (1912), in 223 U.S. 59, pp. 223 U.S. 60–223 U.S. 62. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=75A1223VSID24U5.
Harvard: U.S. Supreme Court, 'Syllabus' in Quong Wing v. Kirkendall, 223 U.S. 59 (1912). cited in 1912, 223 U.S. 59, pp.223 U.S. 60–223 U.S. 62. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=75A1223VSID24U5.
|