Munn v. People

Citations

• 69 Ill. 80

Syllabus

<p>1. Constitutional law—regulating business pursuits, not prohibited by lith amendment to constitution, of the U. B. The 14th amendment to the constitution of the United States was adopted to shield a certain class of persons known as freedmen, from legislation by which their newly acquired rights might be crippled and rendered unavailing, and was not intended to interfere -with State laws for the regulation of pursuits, professions or the use of property.</p> <p>3. Same—granting of special privileges, immunities, eta. The prohibition in sec. 33 of article 4 of the new constitution of this State, against “granting to any corporation, association or any individual, an}- special or exclusive privilege, immunity or franchise whatever,” extends only to the passing of special or local laws for such purpose. The act of April 35, 1871, to regulate public warehouses and the warehousing and inspection of grain, is not in contravention of this clause of the constitution.</p> <p>3. Same—act of 1871 regulating public wm-ehouses and fixing the maximum of charges, is constitutional. The act of April 35, 1871, entitled “An act to regulate public warehouses, and the warehousing and inspection of grain, and to give effect to article 13 of the constituí ion of the State,” and which provides a maximum rate of charges, is not in violation of that clause of the Bill of Bights which declares that, “no person shall be deprived of life, liberty or property, without due process of law,” nor of that clause which provides that “private property shall not he taken or damaged for public use, without just compensation.”</p> <p>4. Same—depriving one of property. The constitutional provision prohibiting the deprivation of property is not infringed by a proper law regulating a business which may render property used to carry on the business less valuable. If the business is still allowed to he carried on, and the property used is allowed to exist, and its possession is not disturbed, the owner can