Ribnik v. McBride, 277 U.S. 350 (1928)

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Ribnik v. McBride


No. 569


Argued April 26, 27, 1928
Decided May 28, 1928
277 U.S. 350

ERROR TO THE COURT OF ERRORS
AND APPEALS OF NEW JERSEY

1. The business of an employment agent is not one "affected with a public interest," and, under the due process clause of the Fourteenth Amendment, a state cannot fix the fees which such an agent may charge for his services. P. 355.

2. The power to require a license for, and to regulate the conduct of, a business is distinct from the power to fix prices. P. 358.

3. The fact that a business lends itself peculiarly to the practice of fraud, extortion, and discrimination may be ground for regulation, but not for price-fixing. P. 368.

4. In determining the constitutionality of a state price-fixing statute, the mere fact that like statutes exist in other states held not of persuasive force. P. 359.

103 N.J.L. 708 reversed.

Error to a judgment of the Court of Errors and Appeals of New Jersey which affirmed a judgment, 4 N.J. Misc.Rep. 623, sustaining an order of the state Commissioner of Labor refusing Ribnik a license to conduct an employment agency upon the ground that some of his proposed fees were too high.