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ADAMS v. TANNER 244 U.S. 590 (1917)

In a 5–4 decision, the Supreme Court declared unconstitutional a Washington state statute prohibiting individuals from paying employment agencies for their services. Although a loophole allowed prospective employers to pay the agencies' fees, Justice JAMES C. MCREYNOLDS nevertheless voided the law as a prohibition, not a regulation, of business. Citing ALLGEYER V. LOUISIANA (1897), McReynolds also declared the statute a violation of DUE PROCESS OF LAW. Justice LOUIS D. BRANDEIS dissented, joined by Justices OLIVER WENDELL HOLMES and JOHN H. CLARKE, demonstrating the "vast evils" that justified the legislature under STATE POLICE POWERS.

DAVID GORDON
(1986)

Adams v. Tanner 244 U.S. 590 (1917)

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