Munn v. Illinois
Munn v. Illinois
Munn v. Illinois
ILLINOIS
March 1, 1877| C.J. Waite . |
Digester: Endaya, Ana Kristina R.
SUMMARY:
Munn & Scott were found guilty with operating a public
warehouse in Chicago in which they unlawfully transacted
business without procuring a license and charging rate beyond
what is prescribed by the Grain Act of Illinois (An Act to Regulate
Public Warehouses and the Warehousing and Inspection of Grain,
and to Give Effect to Const. art. XIII (Grain Act). They now appeal
to the SC of US arguing that the Grain Act is unconstitutional
since it contravenes (1) due process and equal protection clause
(2) Congress has power to regulate commerce (3) No preference
shall be given by any regulation of commerce to the ports of one
state over the other.
FACTS:
Art. XIII of the Constitution of Illinois speaks of inspection of
grain and its storage in public warehouses.
ISSUE
OR
Conclusion:
Their business most certainly "tends to a common
charge, and is become a thing of public interest and
use." Every bushel of grain for its passage "pays a toll,
which is a common charge," and, therefore, according
to Lord Hale, every such warehouseman "ought to be
under public regulation, that he take but reasonable
toll. Certainly, if any business can be clothed "with a
public interest, and cease to be juris privati only," this
has been.
It may not be made so by the operation of the
Constitution of Illinois or this statute, but it is by the
facts.
o
o
o
Notes:
C.J. Hales discussion as to ferries
The king has a right of franchise or privilege, that no man may
set up a common ferry for all passengers, without a
prescription time out of mind, or a charter from the king.
He may make a ferry for his OWN use or the use of his family,
BUT NOT for the common use of all the king's subjects passing
that way
o If for common use, it becomes a thing of public interest and
use, and every man for his passage pays a toll, which is a
common charge, and every ferry ought to be under a public
regulation that it give attendance at due times, keep a
boat in due order, and take but reasonable toll; for if he fail
in these he can be fined.
If one owns the soil and landing-places on both banks of a
stream, he cannot use them for the purposes of a public ferry
because the common good requires that all public ways shall
be under the control of the public authorities.
o Except upon such terms and conditions as the body politic
may from time to time impose; and this
This privilege or prerogative of the king is not primarily for his
profit, but for the protection of the people and the promotion of
the general welfare.
The great producing region of the West and North-west sends its
grain by water and rail to Chicago, where the greater part of it is
shipped by vessel for transportation to the seaboard by the Great
Lakes, and some of it is forwarded by railway to the Eastern ports.
Vessels, to some extent, are loaded in the Chicago harbor, and
sailed through the St. Lawerence directly to Europe.