ferguson skrupa argued march decided april kansas statute making misdemeanor person engage business debt adjusting except incident lawful practice law violate due process clause fourteenth amendment since power legislate consider injurious practices internal commercial business affairs long laws conflict specific federal constitutional prohibition valid federal law pp statute exception lawyers denial equal protection laws nonlawyers pp supp reversed william ferguson attorney general kansas argued cause filed brief appellants keith sanborn john eberhardt filed brief appellant sanborn lawrence weigand argued cause appellee brief donald bell wilkie bushby joseph schreiber filed brief national better business bureau amicus curiae urging reversal justice black delivered opinion case properly appeal asked review judgment district enjoining violation due process clause fourteenth amendment kansas statute making misdemeanor person engage business debt adjusting except incident lawful practice law state statute defines debt adjusting making contract express implied particular debtor whereby debtor agrees pay certain amount money periodically person engaged debt adjusting business shall consideration distribute among certain specified creditors accordance plan agreed upon complaint filed appellee skrupa business credit advisors alleged skrupa engaged business debt adjusting defined statute business useful desirable one business activities inherently immoral dangerous way contrary public welfare therefore business absolutely prohibited kansas heard evidence skrupa tending show usefulness desirability business evidence state officials tending show debt adjusting lends grave abuses distressed debtors particularly lower income brackets abuses gravity number strictly regulated debt adjusting prohibited altogether found skrupa business fall within act proscription concluded one judge dissenting act prohibitory regulatory even construed part regulatory unreasonable regulation lawful business held amounted violation due process clause fourteenth amendment accordingly enjoined enforcement statute case discussed support invalidation statute commonwealth stone super superior pennsylvania struck statute almost identical kansas act involved stone pennsylvania held state regulate prohibit legitimate business finding debt adjusting called budget planning pennsylvania statute public interest concluding see justification interference business pennsylvania ruled state statute unconstitutional pennsylvania relied heavily adams tanner held due process clause forbids state prohibit business useful inherently immoral dangerous public welfare district present case pennsylvania stone adopted philosophy adams tanner cases like province courts draw views morality legitimacy usefulness particular business order decide whether statute bears heavily upon business violates due process system government created constitution legislatures courts decide wisdom utility legislation time due process clause used strike laws thought unreasonable unwise incompatible particular economic social philosophy manner due process clause used example nullify laws prescribing maximum hours work bakeries lochner new york outlawing yellow dog contracts coppage kansas setting minimum wages women adkins children hospital fixing weight loaves bread jay burns baking bryan intrusion judiciary realm legislative value judgments strongly objected time particularly justice holmes justice brandeis dissenting invalidating state statute regulated resale price theatre tickets justice holmes said think proper course recognize state legislature whatever sees fit unless restrained express prohibition constitution state courts careful extend prohibitions beyond obvious meaning reading conceptions public policy particular may happen entertain doctrine prevailed lochner coppage adkins burns like cases due process authorizes courts hold laws unconstitutional believe legislature acted unwisely long since discarded returned original constitutional proposition courts substitute social economic beliefs judgment legislative bodies elected pass laws stated unanimous opinion concerned wisdom need appropriateness legislation legislative bodies broad scope experiment economic problems sit subject state intolerable supervision hostile basic principles government wholly beyond protection general clause fourteenth amendment intended secure settled power legislate found injurious practices internal commercial business affairs long laws run afoul specific federal constitutional prohibition valid federal law face abandonment use vague contours due process clause nullify laws majority believed economically unwise reliance adams tanner mistaken adherence adkins children hospital overruled west coast hotel parrish philosophy adams abandoned also almost years ago expressly pointed another opinion clearly undermined adams conclude kansas legislature free decide legislation needed deal business debt adjusting unquestionably arguments showing business debt adjusting social utility arguments properly addressed legislature us refuse sit superlegislature weigh wisdom legislation emphatically refuse go back time courts used due process clause strike state laws regulatory business industrial conditions may unwise improvident harmony particular school thought able willing draw lines calling law prohibitory regulatory whether legislature takes textbook adam smith herbert spencer lord keynes concern kansas debt adjusting statute may wise unwise relief needed lies us body constituted pass laws state kansas statute exception lawyers denial equal protection laws nonlawyers statutes create many classifications deny equal protection invidious discrimination offends constitution business debt adjusting gives rise relationship trust debt adjuster situation insolvency marshalling assets manner proceeding bankruptcy debt adjuster client may need advice legality various claims remedies existing state laws governing relationships provisions bankruptcy act advice nonlawyer lawfully give state kansas wants limit debt adjusting lawyers equal protection clause forbid also find merit contention fourteenth amendment violated failure kansas statute title specific appellee thinks kansas constitution reversed footnotes twelve outlawed business debt adjusting stat ann code ann supp rev stat ann supp mass laws ann stat ann supp penal law supp ohio rev code ann supp stat ann supp tit stat ann supp tit code ann code ann wyo stat ann seven regulate debt adjusting cal fin code ann supp stat ann supp stat ann supp stat ann supp rev stat laws supp stat ann courts new jersey upheld new jersey statute like kansas statute question american budget furman super aff per curiam skrupa sanborn supp tyson brother banton dissenting opinion justice brandeis joined dissent justice stone dissented opinion joined justice holmes justice brandeis justice sanford dissented separately adkins children hospital dissenting opinion chief justice taft joined justice sanford also dissented justice brandeis took part olsen nebraska ex rel western reference bond upholding nebraska statute limiting amount fee charged private employment agencies sproles binford chief justice hughes unanimous added subject lies within police power state debatable questions reasonableness courts legislature entitled form judgment action within range discretion set aside compliance burdensome lincoln federal labor union northwestern iron metal justice holmes even went far say subject compensation compensation due legislature may forbid restrict business sufficient force public opinion behind tyson brother banton dissenting opinion see adkins children hospital holmes dissenting lincoln federal labor union northwestern iron metal referring olsen nebraska ex rel western reference bond ten years later breard alexandria commented infirmity adams lighting missouri williamson lee optical fourteenth amendment enact herbert spencer social statics lochner new york holmes dissenting see daniel family security life ins secretary agriculture central roig ref see williamson lee optical lindsley natural carbonic gas massachusetts virginia prohibit debt pooling laymen declaring constitute practice law mass laws ann code ann massachusetts statute upheld home budget service boston bar mass