Due process prevents a state legislature from arbitrarily creating restrictions on new businesses only on the claim that its markets affected a public use, such as requiring a license to sell ice.
The New State Ice Company, which was properly licensed in by the Corporation Commission of Oklahoma, brought suit against Liebmann to prevent him from selling ice in Oklahoma City without a license. At that time, electric refrigerators were expensive; thus, most people used block ice for cooling food.
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The lower courts had relied on Frost v. Corporation Commission278U.S. 515 (1929) to conclude that a license is not necessary if existing businesses are "sufficient to meet the public needs therein."[1]
Decisionedit
The Supreme Court struck down the requirement that businesses selling ice obtain a license as violating the Due Process clause of the Constitution. The Court distinguished the case from Frost, which was concerned with businesses that grind grain. It found a public interest key to feeding the population that was not comparable to the ice market.
Justice Brandeis dissented from the court's opinion and was joined by Justice Stone:
To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences to the nation. It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. This Court has the power to prevent an experiment.[2] We may strike down the statute which embodies it on the ground that, in our opinion, the measure is arbitrary, capricious, or unreasonable. We have power to do this, because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure. But, in the exercise of this high power, we must be ever on our guard lest we erect our prejudices into legal principles. If we would guide by the light of reason, we must let our minds be bold.
state, liebmann, 1932, decision, supreme, court, united, states, supreme, court, united, statesargued, february, 1932decided, march, 1932full, case, namecitations285, more, 747case, historypriorcomplaint, dismissed, okla, 1930, affirmed, 10th, 1931, cert, gran. New State Ice Co v Liebmann 285 U S 262 1932 was a decision by the Supreme Court of the United States New State Ice Co v LiebmannSupreme Court of the United StatesArgued February 19 1932Decided March 21 1932Full case nameNew State Ice Co v LiebmannCitations285 U S 262 more 52 S Ct 371 76 L Ed 747Case historyPriorComplaint dismissed 42 F 2d 913 W D Okla 1930 affirmed 52 F 2d 349 10th Cir 1931 cert granted HoldingDue process prevents a state legislature from arbitrarily creating restrictions on new businesses only on the claim that its markets affected a public use such as requiring a license to sell ice Court membershipChief Justice Charles E Hughes Associate Justices Willis Van Devanter James C McReynoldsLouis Brandeis George SutherlandPierce Butler Harlan F StoneOwen Roberts Benjamin N CardozoCase opinionsMajoritySutherland joined by Hughes Van Devanter McReynolds Butler RobertsDissentBrandeis joined by StoneCardozo took no part in the consideration or decision of the case Contents 1 Facts 2 Decision 3 See also 4 References 5 External linksFacts editThe New State Ice Company which was properly licensed in by the Corporation Commission of Oklahoma brought suit against Liebmann to prevent him from selling ice in Oklahoma City without a license At that time electric refrigerators were expensive thus most people used block ice for cooling food This section needs expansion You can help by adding to it April 2022 The lower courts had relied on Frost v Corporation Commission 278 U S 515 1929 to conclude that a license is not necessary if existing businesses are sufficient to meet the public needs therein 1 Decision editThe Supreme Court struck down the requirement that businesses selling ice obtain a license as violating the Due Process clause of the Constitution The Court distinguished the case from Frost which was concerned with businesses that grind grain It found a public interest key to feeding the population that was not comparable to the ice market Justice Brandeis dissented from the court s opinion and was joined by Justice Stone To stay experimentation in things social and economic is a grave responsibility Denial of the right to experiment may be fraught with serious consequences to the nation It is one of the happy incidents of the federal system that a single courageous State may if its citizens choose serve as a laboratory and try novel social and economic experiments without risk to the rest of the country This Court has the power to prevent an experiment 2 We may strike down the statute which embodies it on the ground that in our opinion the measure is arbitrary capricious or unreasonable We have power to do this because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure But in the exercise of this high power we must be ever on our guard lest we erect our prejudices into legal principles If we would guide by the light of reason we must let our minds be bold See also editList of United States Supreme Court cases volume 285 Laboratories of democracy a concept in political theory that takes its name from Justice Brandeis dissentReferences edit 285 U S 262 272 citing Oklahoma law 147 Session Laws 1925 Sec 3 Compare Felix Frankfurter The Public and Its Government pp 49 51External links edit nbsp Works related to New State Ice Company v Liebmann at Wikisource Text of New State Ice Co v Liebmann 285 U S 262 1932 is available from Justia Library of Congress WorldLII nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title New State Ice Co v Liebmann amp oldid 1175147620, wikipedia, wiki, book, books, library,
