carmichael southern coal coke argued decided may appeals district middle district alabama albert carmichael montgomery peyton bibb birmingham appellants borden burr birmingham appellee southern coal coke forney johnston birmingham appellee gulf paper corporation justice stone delivered opinion questions decision whether unemployment compensation act alabama infringes due process equal protection clauses fourteenth amendment whether invalid enactment coerced action federal government adopting social security act involves unconstitutional surrender national government sovereign power state appellee southern coal coke company delaware corporation employing eight persons business coal mining alabama appellee gulf paper corporation delaware corporation employing eight persons business manufacturing paper within state brought present suits district middle district alabama restrain appellants attorney general unemployment compensation commission alabama collecting money contributions exacted provisions alabama unemployment compensation act decrees district three judges sitting granting relief prayed case comes appeal unemployment compensation act code et amended acts ex sess nos page page page acts laws march laws sets comprehensive scheme providing unemployment benefits workers employed within state employers designated act employers include employ eight persons twenty weeks year section except engaged certain specified employments imposes employers obligation pay certain percentage total monthly pay rolls state unemployment compensation fund administered appellants levy per cent per subsequent years per cent section thereafter rates contribution employers revised accordance experience case less per cent pay roll section may employee required contribute per cent wages fund section fund deposited trust fund government section cf social security act used requisitioned state commission pay unemployment benefits prescribed statute sections without liability part state beyond amounts paid earned fund benefits payable fund employees covered act event ployment upon prescribed conditions prescribed rates act satisfies criteria section social security act august stat made prerequisite approval social security board created act approved board section directs section social security act contributors state fund entitled credit contributions satisfaction tax imposed employers social security act extent per cent tax see chas steward machine davis decided day statute assailed repugnant various provisions state constitution contentions put rest decision alabama beeland wholesale company kaufman holding state act valid state federal constitutions statute also attacked ground social security act invalid federal constitution since state act declares become void shall hold social security act invalid alabama interpreted statute operative effect social security act advance decision need decide whether state ruling federal statute valid conclusive upon us purpose determining whether state law presently force miller executors swann louisville nashville western union telegraph conclusion validity federal act agrees announced chas steward machine davis supra attacks leveled statute numerous grounds urged infringement due process equal protection clauses fourteenth amendment unconstitutional surrender government sovereign power state measure owing passage coercive action congress enactment social security act beeland wholesale company kaufman supra alabama held contributions statute exacts employers excise taxes laid conformity constitution laws state particular name state legislature may give money payment commanded statute controlling constitutionality question cf educational films ward storaasli minnesota wagner city covington standard oil graves see reason doubt present statute exertion taxing power state cf carley hamilton snook taxes means distributing burden cost government commonly levied property use may likewise laid exercise personal rights privileges pointed opinion chas steward machine case levies including taxes exercise right employ employed known england colonies adoption constitution must taken embraced within wide range choice subjects taxation attribute sovereign power time adoption constitution reserved instrument present levy indicia tax type traditional history american legislation within state taxing power immaterial whether called excise another name see barwide sheppard validity federal constitution determined light constitutional principles applicable state taxation validity tax fourteenth amendment first validity tax qua tax inherent exercise power tax state free select subjects taxation grant exemptions neither due process equal protection imposes upon state rigid rule equality taxation see bell gap pennsylvania lawrence state tax commission repeatedly held inequalities result singling one particular class taxation exemption infringe constitutional limitation magoun illinois trust savings bank american sugar refining louisiana armour packing lacy kentucky quong wing kirkendall armour virginia alaska fish salting smith state board tax commissioners jackson broad river power query fox standard oil cincinnati soap may great atlantic pacific tea company grosjean may like considerations govern exemptions operation tax imposed members class legislature bound tax every member class none may make distinctions degree rational basis subjected judicial scrutiny must presumed rest basis conceivable state facts support rast van deman lewis heisler thomas colliery swiss oil shanks lawrence state tax commission supra cf metropolitan casualty insurance brownell restriction upon judicial function passing constitutionality statutes artificial irrational state legislature enactment laws widest possible latitude within limits constitution nature case record complete catalogue considerations move members enact laws absence record courts assume action capricious informed acquaintance local conditions legislation applied aware facts afford reasonable basis action faithful adherence guiding principle judicial review legislation possible preserve legislative branch rightful independence ability function exclusion employers less eight distinctions degree stated terms differences number often target attack see booth indiana argued ruled reason distinction purposes taxation seven employees eight yet type distinction law often called upon make difference numbers marks moment day ends night begins disabilities infancy terminate status legal competency assumed separates large incomes taxed smaller ones exempt marks difference proprietors larger businesses taxed proprietors smaller businesses administrative convenience expense collection measurement tax alone sufficient justification difference treatment small incomes small taxpayers meted others citizens telephone fuller new york ex rel hatch reardon new york latrobe aero mayflower transit georgia public service cf florida central peninsular reynolds packer utah say expense inconvenience collecting tax small employers disproportionate revenue obtained assumed legislature rightly concluded generally number employees bears relationship size pay roll therefore amount tax large number small employers paucity records employment entail greater inconvenience collection verification tax case larger employers hardly contended state order tax pay rolls bound assume administrative cost burden taxing employers single employee reason may exempt whether draw line one three seven peculiarly question legislative decision decision said arbitrary falls twilight zone members class plainly plainly expediently taxed exemption particular classes employers arbitrary appellees contend exempt employ agricultural laborers domestic servants seamen insurance agents close relatives exclude charitable institutions interstate railways government state political subdivision sufficient answer appeal principle taxation already stated state free select particular class subject taxation character exemptions suggests simply state chosen subject tax employ labor processes industrial production distribution reasons selections desired readily suggest public interest served one business may left untaxed another taxed order promote one american sugar refining louisiana supra heisler thomas colliery supra aero mayflower transit georgia public service supra restrict suppress magnano company hamilton fox standard oil supra quong wing kirkendall supra singer sewing machine brickell alaska fish salting smith supra great atlantic pacific tea company grosjean supra legislature may withhold burden tax order foster conceives beneficent enterprise often sustained exemption charitable institutions bell gap pennsylvania supra cf board education illinois exemption encouragement agriculture american sugar refining louisiana supra aero mayflower transit georgia public service supra similarly legislature free aid depressed industry shipping exemption business operating less twenty weeks year may rest upon similar reasons upon desire encourage seasonal unstable industries administrative considerations may explain several exemptions relatively great expense inconvenience collection may justify exemption taxation domestic employers farmers family businesses likely maintain adequate employment records important aid collection verification tax state may reasonably waive formality taxing political subdivisions fear constitutional restrictions wholesome respect proper policy another sovereign explain exemption interstate railways compare packer utah supra case appellees sustain burden rests upon showing differences exempt employers industrial employers taxed sufficient justify differences taxation tax employees appellees extend attack statute tax imposed employers tax imposed employees object tax asked pay least separable think tax must pay statute contains usual separability clause section taxation employees prerequisite enjoyment benefits social security act collection expenditure tax employers depend upon taxing employees find nothing language statute application suggest tax employees essential operation statute restrict effect separability clause distinct taxes imposed single statute deemed inseparable unless conclusion unavoidable see field clark sonzinsky march said plain tax qua tax conforms constitutional requirements inquiry validity end point proceeds tax covered state treasury thus made subject appropriation legislature second validity tax determined purposes devotion tax purposes specified act requires consideration objections pressed upon us tax invalid purposes invalid methods chosen execution transgress constitutional limitations denied since adoption fourteenth amendment state taxing power exerted effect public purpose embrace raising revenue private purposes see green frazier milheim moffat tunnel imp fallbrook irrigation dist bradley jones city portland constitutions laws may set limits upon spending power see citizens savings loan association topeka wall cf parkersburg brown cole la grange requirements due process leave free scope exercise wide legislative discretion determining expenditures serve public interest long consistently recognized public purposes state may raise funds taxation embrace expenditures general welfare fallbrook irrigation dist bradley supra green frazier supra existence local conditions nature extent concern public whole modes advancing public interest correcting avoiding consequences peculiarly within edge legislature courts committed duty responsibility making choice possible methods see fallbrook irrigation dist bradley supra jones city portland supra green frazier supra expenditures general welfare butler helvering et al davis whether present expenditure serves public purpose practical question addressed lawmaking department require plain case departure every public purpose reasonably conceived justify intervention see cincinnati soap supra cf jones city portland supra present case exhibits departure relief unemployment public purpose support poor long recognized public purpose see kelly pittsburgh need labor point expenditures relief unemployed conditioned unemployment alone without proof indigence recipients benefits permissible use state funds past six years nation unhappily placed position learn first hand nature extent problem unemployment appreciate profound influence upon public welfare detailed accounts problem social economic consequences found public reports expenditures relief funds studies many observers afford basis legislative judgment suffices say show unemployment apparently become permanent incident industrial system varies extent intensity fluctuations volume seasonal businesses business cycle dependent special unpredictable manifestations upon nological changes advances methods manufacture upon changing demands manufactured changes fashion creation desirable substitutes upon establishment new sources competition evils attendant social economic wastage permeate entire social structure apart poverty less extreme impairment savings afford chief protection working class old age hazards illness matter inestimable consequence society whole apart loss purchasing power legislature concluded unemployment brings wake increase vagrancy crimes reduction number deterioration family life decline birth increase illegitimate impairment health unemployed malnutrition children although employment alabama predominantly agriculture found agricultural unemployment acute problem census reports disclose steadily increasing percentage employed industrial pursuits alabama total amount spent emergency relief alabama years inclusive exceeded came state funds local sources balance relief funds federal government figures bear eloquent witness inability local agencies cope problem without state action resort new taxing legislation expenditure public funds present statute relief unemployment afford protection substantial group say public purpose end legitimate means legislature choose public evils ensue individual misfortunes needs legislature may strike evil source purpose legitimate public defeated execution involves payments individuals kelly pittsburgh supra knights jackson cf mountain timber washington interests aided common interest safeguarded see cochran louisiana state board education cf clark nash hairston danville western ry noble state bank haskell extension benefits present scheme unemployment relief subject constitution infirmity respondents argue limited indigent extended less deserving others discharged misconduct may assume state limited award unemployment benefits indigent rightfully discharged employment bound erty one evil consequence unemployment among benefits sought relief avoidance destitution gathering cloud evils beset worker family community wages cease destitution begins unaware industrial workers affluent class say scheme award unemployment benefits made substantial period unemployment extent half wages week weeks year effect public purpose also set elaborate machinery excluding benefits indigent moreover state rightfully decide discourage thrift mountain timber washington supra injurious effects unemployment limited unemployed worker scope legislation mitigate effects even though unemployment results discharge cause restriction benefits appellees challenge tax attacking arbitrary classification adopted legislature distribution unemployment benefits employees subject tax share benefits appellees complain relief withheld many deserving receive benefits choice beneficiaries like selection subjects tax thus said arbitrary discriminatory infringe fourteenth amendment deprive statute public purpose said validity choice subjects tax applicable large measure choice beneficiaries relief establishing system unemployment benefits legislature bound occupy whole field may strike evil felt otis parker carroll greenwich insurance lindsley natural carbonic gas central lumber south dakota rosenthal new york patsone pennsylvania keokee consol coke taylor silver silver hardware dealers mutual fire ins glidden practicable deal dominion hotel arizona may exclude others whose need less new york new york louis consol coal illinois engel new york central white radice new york west coast hotel parrish march whose effective aid attended inconvenience greater dominion hotel arizona supra atlantic coast line state pages affirmed approved atlantic coast line georgia say considerations lead selection classes employees entitled unemployment benefits state facts may reasonably conceived support selection constitutionality must sustained basis grounds administrative convenience expense adopting classification permit use records kept taxpayer open tax gatherer aid administration benefit awards case recipients benefits selected employees pay tax special complaint made discrimination six contrasted already shown distinction terms number employees face valid legislative choice finds support conclusion reached students unemployment less likely occur businesses small number employees third want relationship subjects benefits tax valid objection present tax conforming respects fourteenth amendment devoted public purpose benefits paid persons paid unrelated persons taxed amount tax short pay tax may contributed unemployment may benefited expenditure appellees contention statute arbitrary far fails distinguish employer low unemployment experience employer high unemployment experience rests upon misconception must relationship subject tax exercise right employ evil met appropriation proceeds unemployment recently stated applicable doctrine tax qua tax good hold purpose specified one sustain subsequent separate appropriation made general funds treasury neither made invalid bound act legislation cincinnati soap supra nothing familiar taxation imposition tax upon class upon individuals enjoy direct benefit expenditure responsible condition remedied tax assessment benefits said means distributing burden cost government benefit taxpayer constitutionally entitled derived enjoyment privileges living organized society established safeguarded devotion taxes public purposes see cincinnati soap supra view preclude levying taxes except used compensate den pay involve abandonment fundamental principle exists primarily privide common good corporation object use taxes pays maintenance schools children thomas gay repudiated suggestion whenever made constitution requires benefits derived expenditure public moneys apportioned burdens taxpayer resist payment tax expended purposes peculiarly beneficial cincinnati soap supra carley hamilton snook supra nashville wallace see union refrigerator transit kentucky even legislature undertake constitution require place burden tax unemployment benefits upon cause contribute unemployment might conclude burden justly apportioned among employers according unemployment experience unemployment plant one employer may due competition another within without state whose factory running capacity tariffs inventions changes fashions market business conditions employer responsible may stimulate business one impair even destroy another many believe responsibility business cycle chief cause unemployment apportioned individual employers accordance employment experience business may least responsible depression suffers alabama legislature may proceeded upon view abundant authority causes unemployment complex admit meticulous appraisal employer responsibility may concluded unemployment inseparable incident modern industry serious manifestations industrial production employees best protected cost remedy least accurate complete data available may best distributed imposing tax evenly upon industrial form added labor costs ultimately absorbed public prices pays consumable goods question decide say legislature adopting present scheme rather another basis choice arbitrary unreasonable action state free distribute burden tax without regard particular purpose used warrant constitution setting tax aside thinks drawn better statute distributed burden wisely functions reserved legislature since appellees may complain expenditure relation taxed class members obviously may complain expenditure relation class benefited employees taxed legislature adopted expedient spreading burden tax consuming public imposing upon make sell commodities irrelevant permissible exercise power tax pay tax occasioned expenditure course use proceeds public purpose legislature benefited individuals may may related taxed relationship state federal statutes remain consideration contentions state act invalid enactment coerced adoption social security act involves unconstitutional surrender state power even though assumed exercise sovereign power state respects valid may rendered invalid coercive effect federal statute enacted exercise power granted national government coercion lacking unnecessary repeat considerations led decision chas steward machine case social security act coercive effect social security act coercive operation unemployment compensation act set aside unconstitutional product coercion state alabama alien governments coexist within territory unemployment within common concern together two statutes us embody cooperative legislative effort state national governments carrying public purpose common neither fully achieve without cooperation constitution prohibit cooperation state legislation product prohibited coercion little else appellees point indicating surrender state sovereignty opinion chas steward machine case points full liberty action secured state statutes unemployment compensation fund administered accordance state law state commission statute may repealed legislature case state free withdraw time unexpended share unemployment trust fund treasury use public purpose reasons stated opinion chas steward machine case conclude deposit state compensation fund unemployment trust fund involves surrender sovereignty choice depository state funds power contract power select appropriate agencies instrumentalities execution state policy attributes state sovereignty lost exercise many arguments pressed upon us require discussion save answer implicit said state compensation act face applied appellees subject constitutional infirmity decree reversed justice mcreynolds thinks decree affirmed justice sutherland dissenting objective sought alabama statute question namely relief unemployment doubt one within constitutional power state objective must attained legislation violate due process clause fourteenth amendment statute opinion although comparatively simply comparatively simple statute lays tax upon employers proceeds go common fund distributed relief employees coming within provisions statute shall lost employment designated variety industries within state employers engaged industries work continues year round others engaged seasonal occupations work discontinued part year employers engaged industries number men employed remains stable fairly others engaged industries number men employed fluctuates greatly time time plainly disproportionately heavy burden imposed tax upon whose operations contribute least evils unemployment correspondingly burden lessened respect whose operations contribute example make clear let us suppose employer thousand men retained employees employer thousand men discharged half employees tax upon pay roll discharged single workman taxed upon pay roll twice much although operation establishment contributed enormously evil unemployment contributed nothing thus results employer kept men work pays twice much toward relief employees discharged pays moreover consider large number many kinds industries differing characteristics varied circumstances operations conditioned gross unfairness unequal burden tax becomes plain beyond peradventure unfairness aggravated form recently condemned fatally arbitrary railroad retirement board alton case dealt federal statute established pension plan requiring payments made interstate railroad carriers pooled fund used payment annuities indiscriminately railroad employees whatever company reached age years pooling feature among things held act bad said page repeatedly occasion say railroads though property dedicated public use remain private property owners assets may taken without compensation carriers ceased privately operated privately owned however much subject regulation interest interstate commerce warrant taking property money one transferring another without compensation whether object transfer build equipment transferee pension employees argument since railroads public common interest efficient performance whole transportation chain proper necessary require carriers contribute cost plan designed serve end said pooling principle desirable many small carriers whose employees justify maintenance separate retirement plan support view several cases cited cases reviewed distinguished concluded page provisions act disregard private separate ownership several respondents treast single employer pool assets regardless individual obligations varying conditions found respective enterprises justified consistent due process cases relied upon sustain alabama statute relied upon sustain retirement act mountain timber washington among others case dealt state washington workmen compensation act requiring designated payments made employers state fund compensating injured workmen pointed although payments made common fund accounts kept industry accordance classification class liable depletion fund reason accidents happening another class said railroad retirement act contrary makes classification said treats carriers single employer irrespective several conditions alabama act followed plan washington act respect classification different question consider vice alabama act precisely condemned railroad retirement board case indeed vice pronounced since federal act relating railroads dealt homogeneous group employers alabama act seeks impose character single employer upon large number employers severally engaged entirely dissimilar industries must borne mind dealing general tax proceeds appropriated public purpose legislature thereafter may select tax expressly levied specified purpose tax use tax inseparably proposed use contravenes constitution necessarily follows tax cincinnati soap may found impossible adjust unemployment laws meet constitutional difficulties thus presented alabama act pioneer among wisconsin state provides act january laws amended proceeds tax shall paid common fund account shall kept individual employer account payments credited amounts paid former employees charged maintains roll employees intact charged nothing event extent employment roll diminished tax contributions reached certain percentage pay roll amount tax reduced reach per tax discontinued long percentage remains result employer bears burdens competitor employers difference wisconsin alabama acts thus succinctly stated social security board informational service circular issued november pp plan individual employer accounts provides accounts state fund employer contributions credited separate account benefits paid account former employees able build specified reserve account contribution rate reduced wisconsin plan alabama statute plan provides pooling contributions single undivided fund benefits paid eligible employees irrespective former employers plans advantageous purely economic standpoint present judicial question constitutional point view far involves ground upon think alabama act condemned entertain doubt wisconsin plan fair reasonable make plain constitutional validity alabama statute like new york statute involved chamberlin andrews et affirmed present term arbitrary result denial due process equal protection laws authorized say justice van devanter justice butler concur opinion footnotes see section defined exclude agricultural labor domestic service private home service performed officer bar pilot member crew vessel navigable waters service performed individual employ son daughter spouse service performed child age employ father mother service performed employ government instrumentality service performed employ carrier engaged interstate commerce subject act congress known railway labor act amended hereafter amended service performed engaged solicitors agents insurance companies service performed employ state political subdivision thereof instrumentality one political subdivisions service performed employ corporation community chest fund foundation organized operated exclusively religious charitable scientific literary educational purposes prevention cruelty children animals part net earnings inures benefit private shareholder individual louis consol coal illinois coal mines employing five subject inspection mclean arkansas mines employing ten required measure coal payment wages screening booth indiana mines required supply upon demand twenty employees jeffrey mfg blagg middleton texas power employers five included within workmen compensation act see national commission law observance enforcement report causes crime especially inclusive marriage rate alabama determined marriages per population follows derived statistical abstract table table table table table first sizeable decline came see state board health bureau vital statistics report relating registration births deaths state alabama year ending december xxxvii trend birth rate upward except year outbreak influenza occurred following year trend downward rate decline practically constant since forward single exception rise due number factors including increase birth registration following registration campaign marriages see annual report state board health alabama table xxv rate illegitimate births per live births years survey people birmingham alabama covering three months spring showed rate illness disabling illness per persons families employed workers families least one worker workers families least one worker see perrott collins relation sickness income income change surveyed communities public health reports public health service vol table see eliot martha effects depression nutrition children hospital social service vol palmer carroll height weight children depression poor public health reports vol employed alabama per cent employed industry last figure estimated trial gist formerly statistician department agriculture since economic adviser commissioner agriculture alabama decline may taken corroborate greater susceptibility employment industry depression figures obtained federal emergency relief administration stated appendix brief respondent chas steward machine davis pp table appellees point estimate largely large agricultural population employed alabama october covered act estimated trial gist formerly statistician department agriculture since economic adviser commissioner agriculture alabama recurrence unemployment equivalent period come employment industrial groups consideration drop say approximately number employed find alabama something like unemployed persons entitled benefits act see supra king employment hours earnings prosperity depression hansen bjornaraa sogge decline employment depression paul minneapolis duluth employment stabilization research institute vol cigarette tobacco taxes earmarked school funds educational purposes acts tex laws vernon art georgia pensions confederate soldiers pp liquor license fees taxes paid old age pension funds police pension funds law subds school funds chs chain store taxes sometimes earmarked school funds acts schedule idaho laws license taxes authorizing horse racing devoted fairs agricultural purposes cahill highway funds laws hillyer old age pension fund washington laws unemployment relief though financed special bond issues instances financed gasoline taxes ohio laws file file article sales taxes pp note utah laws income taxes miscellaneous excise taxes ohio page beer cosmetics admissions utah added laws beer similarly special taxing districts maintenance roads public improvements within district sustained without proof nature amount special benefits see louis ry nattin memphis chicago ry pace cf missouri pacific western crawford road imp different question presented state undertakes levy local assessments apportioned local benefits case fails conform standard apportionment adopted action arbitrary see georgia ry elec decatur denial equal protection road improvement dist missouri pacific cf georgia ry elec decatur assessment apportioned benefits constitutionally defective assessment exceeds benefits roberts richland irrigation report president hoover committee recent social trends clark economics overhead costs pp douglas hitchcock atkins worker modern economic society et seq beveridge unemployment problem industry pp mitchell business cycles problem setting pp see burns toward social security pp douglas social security pp epstein challenge america ed pp hansen murray stevenson stewart program unemployment insurance relifef pp