State ex rel. Brewster v. Mohler

Citations

• 98 Kan. 465
• 158 P. 408
• 1916 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Factors — Regulation—Constitutionality of Statute. Chapter 371 of the Laws of 1915, which requires all commission merchants who sell farm produce for resale to hold a license issued by the secretary of the state board of agriculture and to give bond to insure fair dealing with their consignors, is not unconstitutional as discriminatory or class legislation.</p> <p>2. Same — Must Account to Consignors — Police Power. An act which requires commission merchants to make and furnish to the consignors of goods entrusted to them for sale on commission an accurate and detailed account of all. the pertinent facts relating to such sales on commission is a valid exercise of the state’s police power, and the expense of making such a record and account is a proper charge upon the business and not confiscatory.</p> <p>3. Same — Supervision of — Administrative Function. The powers of granting and withholding or revoking licenses to commission merchants, of supervising their dealings with their consignors, of examining their solvency, and of exacting from them bonds to insure their faithful accounting and payment for goods consigned to them are administrative and not judicial.</p> <p>4. Constitutional Law — Statute Confers No-Corporate Power. Chapter 371 of the Laws, of 1915 confers no corporate powers on the state board of agriculture.</p> <p>5. Same — Statute Valid — Interstate Commerce. Chapter 371 of the Laws of 1915 is not invalid as an undue interference with interstate commerce.</p> <p>6. Same — Intrastate Commerce Regulated- — Interstate Not — Statute Valid. An act of the legislature regulating intrastate commerce is not invalid because competitive interstate commerce in the same territory is not similarly regulated by the federal government.</p> <p>7. Same — -Title of Statute Sufficient — Act General. Chapter 371 of ■ the Laws of 1915, entitled “An act in relation to the sale of farm produce on commission,” contains only one subject. Tha