new state ice liebmann argued february decided march john dudley oklahoma city guy andrews mcalester everest oklahoma city appellant george nicholson oklahoma city appellee justice sutherland delivered opinion new state ice company engaged business manufacturing selling distributing ice license permit duly issued corporation commission oklahoma brought suit liebmann federal district western district oklahoma enjoin manufacturing selling distributing ice within oklahoma city without first obtained like license permit commission license permit required act oklahoma legislature chapter session laws act declares manufacture sale distribution ice public business one shall permitted manufacture sell distribute ice within state without first secured license purpose commission whoever shall engage business without obtaining license shall guilty misdemeanor punishable fine exceed day violation constitutiong separate offense general order commission fine exceed may imposed violation section act provides corporation commission shall issue license persons firm corporation manufacture sale distribution ice either within state except upon hearing said commission said hearing competent testimony proof shall presented showing necessity manufacture sale distribution ice either point community place desired facts proved said hearing disclose facilities manufacture sale distribution ice person firm corporation already licensed said commission said point community place sufficient meet public needs therein said corporation commission may refuse deny applicant application said license addition said authority said commission shall right take consideration responsibility reliability qualifications capacity person firm corporation applying said license person firm corporation already licensed said place community afford reasonable facilities conveniences services public shall power authority require facilities services afforded public provided nothing herein shall operate prevent licensing person firm corporation engaged manufacture sale distribution ice either town city community state whose license shall granted issued said commission upon application person firm corporation payment license fee portion section immediately question forbids commission issue license applicant except upon proof necessity supply ice place sought establish business authorizes denial application existing licensed facilities sufficient meet public needs therein district dismissed bill complaint want equity ground manufacture sale ice private business may subjected foregoing regulation appeals affirmed must conceded businesses subject measure public regulation business manufacturing selling distributing ice like grocer dairyman butcher baker may subjected appropriate regulations interest public health doubted question whether business charged public use justify particular restriction stated legislative restriction within constitutional power state legislature follows license permit issued appellant constitutes franchise equity afford protection one seeks carry business without obtaining commission license permit frost corporation commission view engagement business privilege exercised virtue public grant common right exercised independently id competent person conformably reasonable regulations equally applicable choose engage therein frost case relied case dealt business operating cotton gin conceded business clothed public interest statute requiring showing public necessity condition precedent issue permit valid conditions warranted concession wholly wanting long recognized mills grinding grain performing similar services comers devoted public use subject public control whether operated direct authority state entirely upon individual initiative early period majority adopted general acts authorizing taking flowage invitum lands erection maintenance passing acts attention legislatures doubt directed principally grist mills acts either precise terms application extended kinds mills head amoskeag manufacturing state edwards mills usually operated use water power method operation said essential state edwards supra page open proprietor mill maintain private mill grinding grain free legislative control proprietor assumed serve general public thereby dedicated mill public use subjected legislative control appropriate status cases mills regarded necessary existence communities served justify government fostering maintaining imposing limitations upon operation protection public id chickasha cotton oil cotton county gin three circuit judges passed upon constitutionality oklahoma cotton ginning act opinions delivered seriatim effect varying reasons business operating cotton gins oklahoma clothed public interest one judges thought rule respect grist mills apply analogy ground similarity service rule mills whose services open comers clothed public interest formulated light upon basis historical usage survived limitations otherwise might imposed due process clause fourteenth amendment cotton gin background ancient usage opinion judge phillips points always danger led afield relying overmuch upon analogies analogy without helpful significance connection also may consider clark nash ann cas strickley highland boy gold mining ann cas dealt cognate question public use respect right eminent domain may exercised cases involved statute state utah declared cultivation irrigation soil production reduction ores vital necessity people state utah pursuits interested derive benefit use application unappropriated waters natural streams water courses state generation electrical force energy employed industrial pursuits great public benefit utility irrigation land mining milling smelting reduction ores use application waters generation electrical power employed aforesaid hereby declared public use right eminent domain may exercised behalf thereof chapter laws utah nash case applying statute sustained condemnation right way across lands one private owner ditch convey water purpose irrigating lands another private owner decision rested explicitly upon existence conditions peculiar state conditions epitomized legislative declaration quoted said pages decision understood approving broad proposition private property might taken cases taking might promote public interest tend develop natural resources state reference conditions appearing use public one although taking right way purpose simply thereby obtaining water individual absolutely necessary enable make use whatever land valuable fertile water obtained followed strickley case mining one chief industries state development peculiarly important public welfare condemnation right way aerial bucket line across private lands purpose transporting ores mine private ownership upheld statute cases though strictly analogous furnish persuasive ground upholding declaration oklahoma legislature respect public nature cotton gins state production cotton chief industry state okiahoma paramount importance justify assertion general welfare prosperity state large real sense depend upon maintenance cotton ginning process must take place cotton condition market cotton gin bears relation cotton grower old grist mill grower wheat individual grower raw product generally financially unable set plant service necessary one ordinarily afford dispense compelled therefore resort service establishment operates locality dependent generally upon neighborhood cotton gin faces practical danger placed mercy operator respect exorbitant charges arbitrary control relation growers cotton constitute large proportion population engaged furnishing service thus seen peculiarly close one respect industry vital concern general public considerations render unreasonable conclude business devoted public use use thereby effect granted public tyson ticket offices banton wolff industrial et thus particularity discussed circumstances far state oklahoma concerned afford ground sustaining legislative pronouncement business operating cotton gins charged public use order put contrast completely unlike circumstances attend business manufacturing selling distributing ice dealing ordinary business paramount industry upon prosperity entire state large measure depends business essentially private nature business grocer dairyman butcher baker shoemaker tailor performs service greater less extent community dependent upon interested maintained bears relation public warrant inclusion category businesses charged public use may quite true oklahoma ice article prime necessity indispensable certainly food clothing shelter home definitely said production sale food clothing subjected legislative regulation basis public use true respect business renting houses apartments except temporary measures tide grave emergencies see tyson ticket offices banton supra cases cited said manufacture ice requires expensive plant beyond means average citizen since use ice indispensable patronage producer consumer unavoidable might however said respect articles clearly beyond reach restriction like review moment conceding materiality statement true whatever may fact past know since common knowledge today say nothing means wherever electricity gas available one available practically every part country one comparatively moderate outlay may set kitchen appliance means may manufacture ice circumstances hardly say people generally mercy manufacturer seller distributer ice ordinary needs moreover practical tendency restriction trial suggested present case shut new enterprises thus create foster monopoly hands existing establishments rather aid interest consuming public plainly regulation effect denying unreasonably curtailing common right engage lawful private business review upheld consistent fourteenth amendment amendment nothing clearly settled beyond power state guise protecting public arbitrarily interfere private business prohibit lawful occupations impose unreasonable unnecessary restrictions upon burns baking bryan authorities cited liggett baldridge stated succinctly private corporation seeks prevent competitor entering business making selling ice claims endowed state authority achieve exclusion question us regulation state protect consuming public either respect conditions manufacture distribution insure purity product prevent extortion control asserted protect monopoly tends foster aim encourage competition prevent regulate business preclude persons engaging difference principle case attempt dairyman state authority prevent another keeping cows selling milk ground enough dairymen business prevent shoemaker making selling shoes shoemakers already occupation make sell shoes needed able see anything peculiar business question distinguishes ordinary manufacture production said recent character business date began determinative case natural monopoly enterprise nature dependent upon grant public privileges particular requirement us evidently imposed prevent practical monopoly business since tendency quite contrary case protection natural resources nothing product perceive rest distinction respect attempted control products common use enter free competition subject course reasonable regulations prescribed protection public applied appropriate impartiality plain unreasonable arbitary interference restrictions saved condemnation amendment merely calling experimental necessary challenge authority indulge experimental legislation strange unwarranted doctrine hold may enactments transcend limitations imposed upon federal constitution principle imbedded constitutional system certain essentials liberty state entitled dispense interest experiments principle applied many cases dorchy kansas wolff packing industrial pierce sisters nixon herndon tumey ohio manley georgia washington roberge chicago holmberg stromberg california near minnesota case last cited theory experimentation censorship permitted interfere fundamental doctrine freedom press opportunity apply one labor skill ordinary occupation proper regard reasonable regulations less entitled protection decree affirmed justice cardozo took part consideration decision case justice brandeis dissenting chapter session laws oklahoma declares manufacture ice sale distribution public business confers upon corporation commission respect powers regulation customarily exercised public utilities provides specifically securing adequate service statute makes misdemeanor engage business without license commission directs license shall issue except pursuant prescribed written application formal hearing upon adequate notice community served general public showing upon competent evidence necessity place desired provides application may denied among grounds facts proved said hearing disclose facilities manufacture sale distribution ice person firm corporation already licensed said commission said point community place sufficient meet public needs therein section license granted new state ice company years engaged manufacture sale distribution ice oklahoma city invested business engaged liebmann without obtained applied license purchased parcel land city commenced construction thereon ice plant purpose entering business competition plaintiff enjoin suit brought ice company compare frost corporation commission liebmann contends manufacture ice sale distribution public business private business indeed common calling right engage common calling one fundamental liberties guaranteed due process clause make right engage calling dependent upon finding public necessity deprives liberty property violation fourteenth amendment upon full hearing district sustained contention dismissed bill decree affirmed circuit appeals case appeal opinion judgment reversed first oklahoma statute makes entry business manufacturing ice sale distribution dependent effect upon certificate public convenience necessity certificate unknown common law creature machine age plants displaced tools businesses substituted trades purpose requring promote public interest preventing waste particularly businesses interest depreciation charges plant constitute large element cost production experience taught financial burdens incident unnecessary duplication facilities likely bring high rates poor service cost usually dependent among things upon volume division possible patronage among competing concerns may raise unit cost operation make impossible provide adequate service reasonable rates introduction certificate public convenience necessity marked growing conviction certain circumstances free competition might harmful community absolute freedom enter business one choice denied long enactment oklahoma statute challenged like requirement become common lines business certificate required first railroads street railways public utilities whose operation dependent upon grant special privilege latterly requirement widely extended common carriers motor vehicle use highways unlike street railways electric light companies dependent upon grant special privilege oklahoma certificate required early cotton business declared public one like business manufacturing ice conducted wholly upon private property sess laws see frost corporation commission applied public utilities validity fourteenth amendment requirement certificate never successfully questioned second oklahoma declared business manufacturing ice sale distribution business public utility far appears first state course legislature mere legislative fiat convert business public utility producers transportation railroad commission conception public utility static welfare community may require business supplying ice made public utility well business supplying water necessary commodity service business made public utility must possible make issue certificate prerequisite engaging whether local conditions justify converting private business public one matter primarily determination state legislature determination subject judicial review usual presumption validity attends enactment action state must held valid unless clearly arbitrary capricious unreasonable legislature familiar local conditions primarily judge necessity enactments mere fact may differ legislature views public policy judges may hold views inconsistent propriety legislation question affords ground judicial interference mclean arkansas whether grievances real fancied whether remedies wise foolish matters may concern present duty pass upon statute us enacted upon belief evils arbitrary measure extent estimate legislature tanner little decision legislature belief evils arbitrary capricious unreasonable may made without enquiry facts reference acted third liebmann challenges order corporation commission applied license denied one obliged inquire whether evidence introduced commission justified refusing permission establish additional ice plant oklahoma city apply challenges statute inquiry entirely different nature liebmann rests defense upon broad claim federal constitution gives right enter business manufacturing ice sale even found properly constituted authority inconsistent public welfare claims whatever local conditions may demand confer upon commission power deny right unreasonable arbitrary capricious restraint upon liberty function primarily determine whether conditions oklahoma legislature reasonably conclude public welfare required treating manufacture ice sale distribution business order insure inhabitants communities adequate supply ice reasonable rates necessary give commission power exclude establishment additional ice plant places community already well served unless say federal constitution confers absolute right engage anywhere business manufacturing ice sale properly decide legislators acted unreasonably without first ascertaining experience oklahoma respect ice business relevant facts appear part record others matters common knowledge familiar ice business compare muller oregon ann cas show actual conditions beliefs legislators acted considering matters strict sense take judicial notice embodying statements uncontrovertible facts function determine reasonableness legislature belief existence evils effectiveness remedy provided performing function occasion consider whether statements fact may basis prevailing belief course right weigh conflicting evidence oklahoma regular supply ice may reasonably considered necessary life comparable water gas electricity climate heightens need ice comfortable wholesome living precludes resort natural product elsewhere development manufactured ice industry recent attended alterations economic structure radical changes habits popular thought living ice come regarded household necessity indispensable preservation food economical household management maintenance health mercial uses extensive urban communities absorb large proportion total amount ice manufactured sale transportation storage distribution great part nation food supply dependent upon continuous dependable supply ice appears record certain parts oklahoma large trade dairy products built result rulings corporation commission act compelling licensed manufacturers serve agricultural trade destroyed supply ice withdrawn say legislature oklahoma acted arbitrarily declaring ice article primary necessity industry agriculture well household partaking fundamental character electricity gas water transportation communication properly take judicial notice oklahoma means manufacturing ice private use within reach persons dependent upon certainly domestic mechanical refrigeration scarcely emerged experimental stage since time production consumption ice manufactured sale far diminishing steadily increased oklahoma mechanical household refrigerator still article relative luxury legislation essential protection individuals limited means invalidated circumstance individuals financially able protect businesses power companies common carriers street railway steam railroad motor vehicle fall within field public control although possible relatively modest outlay install individual power plants purchase motor vehicles private carriage passengers goods question whether oklahoma means securing refrigeration otherwise ice manufactured sale distribution become general destroy popular dependence upon ice plants one peculiarly appropriate determination legislature peculiarly inappropriate determination knowledge relevant facts business supplying ice necessity like supplying food clothing shelter legislature also consider one lends peculiarly monopoly characteristically business conducted local plants market narrowly limited area reason ice manufactured distance effectively compete plant ground small towns rural duplication plants larger communities duplication delivery wasteful ultimately burdensome consumers time relative ease cheapness ice plant may constructed exposes industry destructive frequently ruinous competition competition industry tends destructive ice plants determinate capacity inflexible fixed charges operating costs market limited area volume sales readily expanded thus erection new plant locality already adequately served often causes managers go extremes cutting prices order secure business trade journals reports association meetings ice manufacturers bear ample witness hostility industry petition unremitting efforts trade associations informal agreements combination delivery systems particular consolidation plants protect markets prices competition character forces operative oklahoma prior passage act review apparent record thus testified six seven localities state containing aggregate total population approximately semblance even localities prices ice ordinarily uniform balance population still served companies enjoying complete monopoly compare munn illinois sinking fund cases wabash louis pacific ry illinois spring valley waterworks schottler budd new york wolff packing industrial relations competition often resulted disadvantage rather advantage public respect prices service communities without ice altogether state without means assuring supply abundant evidence widespread dissatisfaction ice service prior act material improvement situation subsequently stipulated record ice industry whole oklahoma acquiesced accepted act status creates statute review rests upon facts detailed upon long period experience limited regulation dating back first year oklahoma statehood years prior passage act corporation commission section act june exercised jurisdiction rates practices service ice plants action case however predicated upon finding company complained enjoyed monopoly ice business community served jurisdiction thus cised upheld state oklahoma light power corporation commission okl said page manufacture sale distribution ice many respects closely resembles sale distribution gas fuel electric current many communities company manufactures sells distributes electric current concern manufactures sells distributes ice reason nature extent ice business impracticable community interest concern business situation distributor necessity ice permitted reason impracticability one else engaging business charge unreasonable prices abuse persisted regulatory power state invoked protect public see also consumers light power phipps okl formal orders commission repeatedly fixed approved prices charged particular communities required ice sold without distributed equitably possible extent capacity plant forbade short weights ordered scales carried delivery wagons ice weighed upon customer request undertook compel sanitary practices manufacture courteous service patrons many regulations fixing prices embodied general order ice companies issued july still effect informally sion adjusted much greater volume complaints similar nature appears record years prior act one day week reserved commission hear complaints relative ice business early commission annual report governor recommended legislation clearly delineating powers field law passed putting regulation ice plants jurisdiction commission commission assuming jurisdiction act passed legislature known antitrust law specific law upon subject obviate question jurisdiction recommendation several times repeated terms revealing extent character public complaint practices ice companies enactment ice act enlarged existing jurisdiction corporation commission removing requirement finding virtual monopoly particular case compare budd new york brass stoeser conferring authority compel adequate service case public utilities committing commission function issuing licenses equivalent certificate public convenience necessity exception granting denying licenses exertion wider control service regulatory activity commission respect ice plants changed character since appears diminished somewhat volume commission urged report governor public utilities jurisdiction required secure commission known public convenience necessity duplication facilities prevent ruinous competition resulting driving business small though competent public service utilities powerful corporations often consequent demoralization service requiring public patronize two utilities community one adequate time certificate public convenience necessity engage business applied cotton gins sess laws certificate commission declared prerequisite construction new telephone telegraph lines required operation motor carriers year ice act passed requirement extended also power heat light gas electric water companies posing business locality already possessing one utility fourth said light facts appropriate exercise legislative discretion authorize commission deny license enter business localities necessity another plant exist need remedy evil destructive competition competition existed widely felt competition exist propriety public regulation proven many communities supplied ice particular remedy adopted enacted hastily statute based upon state policy recognizing public importance ice business upon years legislative administrative experience regulation advisability treating ice business public utility applying certificate convenience necessity consideration many years similar legislation enacted oklahoma similar circumstances respect public services measure bore substantial relation evils found exist circumstances hold act void unreasonable opinion involve exercise function judicial review function act stricken must ground federal constitution guarantees individual absolute right enter ice business however detrimental exercise right may public welfare indeed appears contention made fifth claim manufacturing ice sale distribution business inherently private effect state facts justify denial right engage supply one self water electricity gas ice article inherently matter private concern also may business supplying articles others compensation business supplying others compensation article service whatsoever may become matter public concern whether depends upon conditions existing community affected matter public concern may regulated whatever business public concern may limited single feature business needed protection secured relatively slight degree regulation concern possible incompetence dictates licensing dentists dent west virginia douglas noble concern possible dishonesty led licensing auctioneers hawkers baccus state louisiana hand public concern particular business may pervasive varied require constant detailed supervision high degree regulation true common speak business one although privately owned businesses designation utility commonly applied spoken public interest german alliance insurance lewis regulation valid one kind business may course invalid another since reasonableness every regulation dependent upon relevant facts far concerns power regulate difference essence business called private one called public utility said public interest whatever nature business whatever scope character regulation applied source power invoked likewise constitutional limitation upon power source police power limitation set due process clause construed requires regulation shall unreasonable arbitrary capricious means regulation selected shall real substantial relation object sought obtained notion distinct category business public interest employing property public use rests upon historical error consequences sought draw phrases belied meaning first used centuries decision munn illinois first introduced law constitution opinion true principle state power extends every regulation business reasonably required appropriate public protection find due process clause limitation upon character scope regulation permissible sixth urged specifically manufacturing ice sale distribution common calling right engage common calling one fundamental liberties guaranteed due process clause think business common calling difficult recent origin peculiar character moreover constitution require every calling common shall ever remain liberty engage common calling like liberties may limited exercise police power slaughtering cattle common calling new orleans monopoly sustained slaughter house cases wall created legislature prior eighteenth amendment selling liquor common calling held consistent due process clause state abolish calling bartemeyer iowa wall mugler kansas establish system limiting number licenses crowley christensen every citizen right navigate river lake may even carry others thereon hire ferry privilege may made exclusive order patronage may sufficient justify maintaining ferry service conway taylor executor black settled police power commonly invoked aid health safety morals extends equally promotion public welfare cases cited show ordinarily free competition common callings encouraged public welfare may times demand monopolies created upon principle based whole modern practice public utility regulation objection validity statute assailed fosters monopoly indeed design certificate public convenience invention recent monopoly kept effective control vesting commission power terminate whenever course required public interest grant monopoly person favor forbidden even terminable reasonable ground legislative conclusion order secure necessary service reasonable rates may necessary curtail right enter calling opinion consistent due process clause whatever nature business existence power legislature seems indispensable society settled unanimous decisions due process clause prevent state city engaging business supplying inhabitants articles general use believed secured reasonable prices private dealers thus city may local law permits buy sell retail coal wood jones city portland ann cas gasoline standard oil city lincoln state may permitted constitution build operate warehouses elevators packinghouses flourmills factories green frazier may engage business public purpose assure inhabitants adequate supply necessary articles may achieve public purpose oklahoma done exercising lesser power preventing single individuals wantonly engaging business thereby making impossible dependable private source supply state entering upon business may exert taxing power individual dealers may driven calling unequal competition denied power prevent harmful entry individuals business may thus effect close altogether private enterprise seventh economic emergencies past incidents scarcity days common callings subjects regulation danger threatening excessive prices prevent deemed extortion english parliament fixed prices commodities services time time four centuries preceding declaration independence like legislation acted colonies revolution first due process clause written federal constitution price bread fixed statute least two practice continued long thereafter dwelling houses occupied owner private property foundation government wished lease residential property free charge tenants rentals pleased years world war ended scarcity dwellings city new york state legislative power invoked insure reasonable rentals constitutionality statute sustained marcus brown holding feldman similar legislation congress city washington also upheld block hirsh eighth people confronted emergency serious war misery widespread time scarcity overabundance depression brought unprecedented unemployment catastrophic fall commodity prices volume economic losses threatens financial institutions people believe existing conditions threaten even stability capitalistic system economists searching causes disorder basis industrial structure business men seeking possible remedies realize failure distribute widely profits industry prime cause present plight rightly wrongly many persons think one major contributing causes unbridled competition increasingly doubt expressed whether economically wise morally right men permitted add producing facilities industry already suffering overcapacity justification doubt men point excess capacity productive facilities resulting vast expansion without corresponding increase consumptive capacity people assert improved methods manufacture made possible advances science invention vast accumulation capital industries become capable producing per cent consumed even days vaunted prosperity present capacity long time exceed needs business agree irregularity greatest overcome unless production consumption nearly balanced many insist must form economic control plans proration many proposals stabilization thoughtful men wide business experience insist projects stabilization proration must prove futile unless way equivalent certificate public convenience necessity made prerequisite embarking new capital industry capacity already exceeds production schedules whether view sound nobody knows objections proposal obvious grave remedy might bring evils worse present disease obstacles success seem insuperable economic social sciences largely uncharted seas none successful modest essays economic control already entered upon new proposal involves vast extension area control merely acquire knowledge essential basis exercise multitude judgments formidable task thousands judgments call measure prophecy even serious obstacles success inherent demands execution project make upon human intelligence upon character men man weak judgment best fallible yet advances exact sciences achievements invention remind us seemingly impossible sometimes happens many men living habit using expression impossible flying discoveries physical science triumphs invention attest value process trial error large measure advances due experimentation fields experimentation two centuries free encouraged people assert present plight due part limitations set courts upon experimentation fields social economic science discouragement proposals betterment subjected otherwise must power nation remould experimentation economic practices institutions meet changing social economic needs believe framers fourteenth amendment ratified intended deprive us power correct evils technological unemployment excess productive capacity attended progress useful arts stay experimentation things social economic grave responsibility denial right experiment may fraught serious consequences nation one happy incidents federal system single courageous state may citizens choose serve laboratory try novel social economic experiments without risk rest country power prevent experiment may strike statute embodies ground opinion measure arbitrary capricious unreasonable power due process clause held applicable matters substantive law well matters procedure exercise high power must ever guard lest erect prejudices legal principles guide light reason must let minds bold justice stone joins opinion footnotes compare sumner slichter economic society pp eliot jones bigham public utilities eliot jones competition industry ruinous quarterly journal economics see ford hall convenience necessity rev waldo willhoft convenience necessity michigan state bar journal charles hyneman encouragement monopoly utility industries annals american academy political social science january rev professor hall lists statutes enacted within last years requiring certificate operation various classes public utilities advent certificate public convenience necessity similar less flexible control entry many public utilities business exercised grant franchises municipal state see eliot jones bigham public utilities iii certificate first introduced federal law transportation act pars stat usca compare thomas kennedy certificate convenience necessity applied air transportation journal air law see lilienthal rosenbaum carrier regulation certificates necessity convenience yale carrier regulation federal state municipal rev compare larue brown scott contract motor carrier constitution harv rev law since passed arkansas ark acts state held measure violated state constitution far sanctioned denial right engage ice business cap bourland ice franklin utilities ark provisions regulation rates attacked fourteenth amendment sustained see louis rev bills declaring business manufacturing ice public utility introduced kansas louisiana michigan new york texas see ice refrigeration id id id hill control ice industry id matter moment precedent found statute precisely like conceded business one recent origin growth rapid already great importance presents therefore case application principle social science statute simply extends law meet new development commercial progress munn illinois see thomas hardman utilities young hartford fire insurance possible presumption favor validity statute continues contrary shown beyond rational doubt one branch government encroach domain another without danger safety institutions depends small degree strict observance salutary rule sinking fund cases see also legal tender cases wall cases see james thayer origin scope american doctrine constitutional law harv rev enactment wise unwise whether based sound economic theory whether best means achieve desired result whether short legislative discretion within prescribed limits exercised particular manner matters judgment legislature earnest conflict serious opinion suffice bring within range judicial cognizance chicago burlington quincy mcguire policy submitted judicial determination courts general authority supervision exercise discretion system reposed people departments government green frazier see also price illinois rast van deman lewis ann cas merrick halsey mean normal temperature state may september degrees climatological data weather bureau vol xxxix mean normal temperature january coldest month degrees december degrees id far appears natural ice harvested state commercial purposes see guy andrews regulation ice industry oklahoma refrigerating world industry first assumed commercial importance see ice refrigeration blue book ed pp reports bureau census indicate four establishments producing artificial ice see willard thorp integration industrial operation census monographs iii pp census manufactures shows establishments making ice product chief value ice refrigeration blue book lists plants actually producing ice sale estimates total production year tons tons reported bureau census see report committee fundamental equipment submitted president conference home building home ownership december elsie wolcott cost ice families children published department public welfare city chicago lack ice hot seasons results constant waste danger health compels purchase food small quantities higher prices intimate relation food preservation health infant mortality long recognized ordinary perishable foodstuffs generally considered safely kept temperatures excess degrees report committee fundamental equipment supra see walter sanders application refrigeration proceedings fourth international congress refrigeration london testified oklahoma city april per cent sales ice retail trade per cent commercial trade per cent wholesale trade per cent car icing remainder carload shipments city loaded oklahoma cars food products refrigeration cars ice refrigeration blue book ed pp lists industries using refrigeration great number impracticable install private ice plant refrigeration market perishable foodstuffs warm seasons limited area miles time days even hours considerable part refrigeration supplied concerns manufacturing ice sale concerns commonly supply ice used mechanical refrigeration beyond means many small retail dealers moreover since decay food begun arrested subsequent refrigeration ice substitute often essential farm see pennington greenlee refrigeration dressed poultry transit bulletin department agriculture per cent milk cream sold farms produced sections natural ice harvested see department agriculture milk cream farm farmers bulletin dairy industry oklahoma however wholly dependent upon artificial ice substitutes refrigeration farm indispensable safe marketing dairy products season temperature exceeds degrees see john bown application refrigeration handling milk bulletin department agriculture pp et seq power commission compel service course depends upon status ice business public utility evidence shows distribution ice rural communities possessing ice plants developed almost wholly since passage act testimony distribution impracticable without protection afforded act total number household refrigerators entire country manufactured sold approximately annual production reached electrical refrigerating news february secretary national association ice industries testified ice business last years increased upon average per cent year per capita consumption ice pounds pounds great deal increase consumption ice oklahoma another witness testified rural communities among urban dwellers poorer classes number domestic electric meters installed oklahoma august according tabulation bureau foreign domestic commerce population state fifteenth census vol estimated household refrigerators sold sold oklahoma electrical refrigerating news february approximately refrigerators use throughout country february figures may calculated number refrigerators use oklahoma average cost household electric refrigerator electrical refrigerating news february price ice domestic use oklahoma varies cents hundredweight families use much three four tons ice year view facts scarcely judicial knowledge oklahoma families businesses able purchase ice able purchase mechanical refrigerator see report committee fundamental equipment submitted president conference home building home ownership pp committee found impossible recommend even ordinary refrigerator using ice families law income suggested design marketing specially constructed noteworthy ice industry characteristic uniformity product service common public utilities distinguishing businesses differences quality style make difficult effective regulation see howard patterson karl scholz problems modern life ed tendency industry conducted public utility reflected widespread entry recent years electrical gas water utilities like companies oklahoma operate ice plants see ice refrigeration blue book ed pp compare oklahoma light power corporation commission okl municipalities engaged extensively business manufacturing selling ice foreign countries lessor extent several occasions departments federal government unable secure ice regarded reasonable prices installed ice plants philippine islands panama plants operated sell ice government employees see carl thompson ownership pp jeanie wells wentworth report municipal government ice plants submitted borough president manhattan december see willard thorp integration industrial operation census monographs iii pp neither consolidation ownership increase production effect greatly increasing size plants ice business thus oklahoma twenty plants manufacturing ice sale capacity exceeding tons day eight oklahoma city tulsa ice refrigeration blue book ed pp several reasons given testimony localization ice business freight rates ice high proportion value handling charges doubled ice put cold storage point consignment kept car ice loses weight deteriorates quality period week carload exhausted small community shrinkage course varies weather times considerable oklahoma predominantly state rural population per cent inhabitants live towns cities fifteenth census vol four cities cities cities incorporated places less pp see editorials refrigerating world may june reed ice delivery atlanta may see john nickerson ice industry ice refrigeration id id id id halbert hill effect recent mergers ice industry refrigerating world february pp stevens future holds ice manufacturer ice refrigeration foushee ice business public utility id see tipton ada ice fuel ann corp ice refrigeration blue book shows communities containing ice plants manufacturing ice sale least served either single plant several plants common ownership see pp et seq evidence record common practice manufacturing establishments different ownership make use jointly owned delivery company plants listed engaged manufacturing ice sale owned corporations owning controlling plants within without state id accounts situation oklahoma passage bill see guy andrews ice business oklahoma ice refrigeration regulation ice industry id year formal complaints ice companies said filed commission sess laws whenever business reason nature extent existence virtual monopoly therein public must use services consideration given taken offered commodities bought sold therein offered taken purchase sale manner make public consequence affect community large supply demand price rate thereof said business conducted violation first section act said business public business subject controlled state corporation commission action district state practices prices rates charges hereby declared duty person firm corporation engaged public business render services offer commodities either upon reasonable terms without discrimination adequately needs public considering facilities said business powers mangum ice cold storage ann corp tipton ada ice fuel scanlon sass worley hill gillian tishomingo electric light power ann wadlington southern ice utilities ann general investigation prices practices rates charges new state ice ann general investigation prices practices rates charges ice ice cream mccartney kingfisher ice matter investigation prices charged ice guthrie oklahoma brenan tishomingo ice cold storage ann corp tipton ada ice fuel scanlon sass order ann nunnery mangum ice cold storage order ann order order id garner tulsa ice ann ratner imperial ice ann rep norton chandler ice ann vance tahlequah light power ann instances complaint insufficient ice commission undertook secure equitable distribution available supply terms statute gave greater authority see powers mangum ice cold storage ann corp gardiner geary light ice compare ratner imperial ice ann ada tipton ice fuel ann occasion commission undertake extend ice service communities theretofore supplied brenan tishomingo ice cold storage ann corp powers mangum ice cold storage tipton ada ice fuel scanlon sass worley hull ralston hobart ice bottling ann matter proposed order ann rep langan mccoy ann ratner imperial ice ann norton chandler ice ann vance tahlequah light power ann gardiner geary light ice ann corp worley hull ann corp order ann corp see ann corp ann corp eighth ninth annual report dated november commission said scope legislation pertaining utilities serve public generally broadened two conspicuous examples ice plants cotton compresses chapter session laws extends jurisdiction corporation commission water heat light power companies include ice plants numerous complaints received commission year extortionate practices ice companies exorbitant prices charged jurisdiction given corporation commission ice plants exercises gas electric water companies eleventh annual report october xxii said business manufacturing distributing ice much matter public concern business rendering water electric gas service subject regulation complaints continuously made commission reference prices ice practices ice companies service rendered companies commission frequently called upon exercise jurisdiction laws specific legislation enacted reference companies power regulation made definite certain twelfth annual report november past summer season numerous complaints practices rates ice utilities arisen least hundred towns cities throughout state jurisdiction given corporation commission ice plants exercises gas electric water companies besides continuing effect order supra note commission issued general orders pertaining particularly accounting practices order ann corp following cases prescribed rates application marietta ice water ann application reduction ice rates charged sallisaw ice reduction rates charged consumers ice application southwestern light power ann application ward ice industries reduction ice rates application shawnee ice increase capacity plant ann applicant allowed withdraw application intervening application liebemann erect new plant denied burbank ice kaw city ice power ann defendant permit distribute ice town shidler revoked upon showing distributed summer months plaintiff local plant operated throughout year adequate meet local needs maintained face defendant competition see also application new state ice formal orders commission issued without opinion ann corp pp sess laws sess laws statute held valid objections federal state constitutions ex parte tindall okl barbour walker okl see also chicago ry state okl chicago ry state okl certificates public convenience necessity operation cotton gin see hohman state okl sess laws control entry businesses power water plants like therefore exercised requirement franchise municipality served see mayor councilmen city pawhuska pawhuska oil gas okl huffaker town fairfax okl compare okla art art circumstances may change time differ space clothe public interest times places matter purely private concern block hirsh lord hale ports sea hargrave tracts pp lord hale speaking particulars wharves cranes ports purport generalize obligation serve persons reasonable rates circumstances see breck mcallister hale business affected public interest harv rev speaking duties arising common law limitations upon legislative power parliament see mcclain convenience public interest concept rev speaking limitations england exist parliament accustomed regulate prices commodities kinds see note infra chief justice waite wrote opinion said generally page become clothed public interest used manner make public consequence affect community large referred approval statutes regulating prices bread rates well persons callings still regulated see walton hamilton public interest yale see also german alliance insurance lewis lake shore michigan southern ry ohio chicago alton tranbarger chicago burlington quincy ry illinois ex rel grimwood ann cas bacon walker recognized cases cited many others freedom contract qualified absolute right absolute freedom one wills contract one chooses chicago burlington quincy mcguire compare walls midland carbon lord hale time activity comprehended call business public subject price control walton hamilton public interest yale voluminous collections statutes materials relating parliamentary control business england prior american revolution see references edward adler jurisprudence harv rev mcclain convenience public interest concept rev breck mcallister hale business affected public interest harv rev milton handler constitutionality investigations federal trade commission rev statutes eight thirteen passed revolution fixing price almost every commodity market listed harv rev maryland laws herty digest laws maryland statutes south carolina south carolina acts assembly see hearings la follette subcommittee senate committee manufactures congress first session senate bill congress establish national economic council parts october december particularly testimony goldenweiser director research statistics federal reserve board sloan vice president standard statistics company miss frances perkins industrial commissioner state new york pp choose plan graphic survey march see also hearings december january la bills senate bills nos congress see edward corwin planning constitution american political science review donham adrift faces future edited charles beard pp paul mazur roads prosperity donham adrift pp swope plan edited george frederick pp richard ely times way way pp menace overproduction edited scoville hamlin dexter keezer stacy may public control business walker hines particular industry bulletin taylor society october philip cabot vices free competition yale review autumn julius barnes looks unemployment atlantic monthly august federal trust laws symposium edited milton handler december depression began greatly reduced present consumptive capacity loss export trade arrest growth population resulting lessened birthrate practical stoppage immigration apparently preclude rapid increase consumptive capacity followed earlier periods depression see charles beard faces future pp swope plan edited george frederick report committee continuity business employment chamber commerce october report executive council american federation labor annual convention october stuart chase ten year plan america harpers magazine june george soule planning might new republic march choose plan graphic survey march new challenge scientific management bulletin taylor society april robert mcfall industry june horace drury hazard business december grover whalen planning february russell smith end epoch graphic survey july mary van kleeck world paradox november lewis lorwin origins economic planning february person management philosophy technique progressive industrial stabilization paper presented world social economic congress august america begin plan christian century march see generally hearings la follette subcommittee supra note compare editorial research reports washington august august december see charles stevenson way particularly pp philip cabot vices free competition yale review autumn hobson state organ rationalization political quarterly discussions professor beard swope chase soule smith supra note concerning bituminous coal business see coal commission final report part pp new mines public domain way order bituminous coal walter hamilton helen wright pp case bituminous coal walton hamilton helen wright pp willard atkins et behavior xxii senate bill congress introduced senator davis report hearings daily march concerning petroleum gas see ralph fuchs technique national control petroleum industry howard marshall norman meyers planning petroleum production yale law journal samuel slichter economic society compare sumner slichter economic society pp charles whiting baker back prosperity pp samuel crowther basis stability pp franklin ebersole planning bulletin taylor society august virgil jordan aspects national stabilization mechanical engineering january price stability annalist october warren bishop rain plans nation business october myron watkins economic philosophy legislation annals american academy political social science january albert atwood craze national planning saturday evening post march compare charles warren new fourteenth amendment harv rev compare felix frankfurter public government pp