Corwin Bachtel v. Frank Wilson, No. 446
| Court | United States Supreme Court |
| Writing for the Court | Brewer |
| Citation | 204 U.S. 36,51 L.Ed. 357,27 S.Ct. 243 |
| Parties | CORWIN D. BACHTEL, Plff. in Err., v. R. FRANK WILSON, Sheriff of Stark County, Ohio |
| Docket Number | No. 446 |
| Decision Date | 07 January 1907 |
v.
R. FRANK WILSON, Sheriff of Stark County, Ohio.
The sole question in this case, as stated by counsel for plaintiff in error, is whether the following section of the statutes of Ohio contravenes § 1 of the 14th Amendment of the Constitution of the United States:
'Every president, director, cashier, teller, clerk, or agent of any banking company who shall embezzle, abstract, or wilfully misapply any of the moneys, funds, or credits of such company, or shall, without authority from the directors, issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any notes, bonds, drafts, or bills of exchange, mortgage, judgment, or decree, or shall make any false entry in any book, report, or statement of the company, with intent in either case to injure or defraud the company, or any other company, body politic or corporate, or any individual person, or to deceive any officer of the company, or any agent appointed to inspect the affairs of any banking company in this state, shall be guilty of an offense, and, upon conviction thereof, shall be confined in the peni-
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tentiary, at hard labor, not less than one year nor more than ten years.' Section 30, act of March 21, 1851, entitled, 'An Act to Authorize Free Banking,' as amended April 24, 1879, 76 Ohio Laws, 74; 2 Bates's Anno. Stat. (Ohio) 6th ed. §§ 3821-3885.
Plaintiff in error, who was cashier of the Canton State Bank, a bank incorporated under the above 'free banking' act, was indicted in the court of common pleas of Stark county for a violation of this section. A demurrer to the indictment having been overruled, he, before arraignment, sued out a writ of habeas corpus in the circuit court of that county. Thereafter, the final judgment of the supreme court of the state in that proceeding having been adverse, he brought the case here on this writ of error.
Mr. William A. Lynch for plaintiff in error.
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Messrs. Charles C. Upham and John W. Craine for defendant in error.
Statement by Mr. Justice Brewer:
Mr. Justice Brewer delivered the opinion of the court:
Counsel predicate the unconstitutionality of this statute, not on its provisions standing by themselves, but on its relation to other statutes.
On February 26, 1873 (70 Ohio Laws, 40), an act was passed in terms incorporating savings and loan associations, but with powers such as in fact authorized the carrying on of ordinary commercial banking. Under this statute a few institutions were organized. In 1880 a general incorporation law was enacted (Rev. Stat. Ohio 1880, § 3235 and following), and under it many banks were formed. In addition the banking statistics of the state show that there are several banks owned by unincorporated stockholders, copartnerships, or individuals. Now, in no statute, save the free banking act, is there any
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section with provisions kindred to those in § 30, above quoted, and the contention is that the plaintiff in error was denied the 'equal protection of the laws' guaranteed by the 14th Amendment, in that he was subject to prosecution and punishment for matters and things which, if done by a...
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Lanza v. State of New York, No. 236
...not enter into the duration of the sentence imposed.' 9 N.Y.2d 895, 897, 216 N.Y.S.2d 706, 175 N.E.2d 833. 2. Compare Bachtel v. Wilson, 204 U.S. 36, 27 S.Ct. 243, 51 L.Ed. 357, in which the Court dismissed a writ of error to the Supreme Court of Ohio, which had written no opinion. The Cour......
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Winkler v. Spinnato
...of whatever race, will be protected from state legislation which arbitrarily discriminates against them ( see e.g., Bachtel v. Wilson, 204 U.S. 36, 27 S.Ct. 243, 51 L.Ed. 357; Buchanan v. Warley, 245 U.S. 60, 38 S.Ct. 16, 62 L.Ed. 149; Alevy v. Downstate Med. Center of State of N.Y., 39 N.Y......
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Vigeant v. Postal Tel. Cable Co.
...a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary. Bachtel v. Wilson, 204 U. S. 36, 41 [27 S. Ct. 243, 51 L. Ed. 357];Louisville & Nashville R. R. Co. v. Melton, 218 U. S. 36 [30 S. Ct. 676, 54 L. Ed. 921,47 L. R. A. (N. S.)......
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State ex Inf. Taylor v. Currency Services, Inc., No. 40563.
...390, 272 S.W. 940; 12 C.J. 1129, 1130; State ex rel. Rolston v. Railroad, 246 Mo. 512; Hawkins v. Smith, 242 Mo. 688; Bachtel v. Wilson, 204 U.S. 36. (12) The states alone may establish by their statutes and enforce police powers as an attribute of sovereignty. Under the exercise of its pol......
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Lanza v. State of New York, No. 236
...not enter into the duration of the sentence imposed.' 9 N.Y.2d 895, 897, 216 N.Y.S.2d 706, 175 N.E.2d 833. 2. Compare Bachtel v. Wilson, 204 U.S. 36, 27 S.Ct. 243, 51 L.Ed. 357, in which the Court dismissed a writ of error to the Supreme Court of Ohio, which had written no opinion. The Cour......
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Winkler v. Spinnato
...of whatever race, will be protected from state legislation which arbitrarily discriminates against them ( see e.g., Bachtel v. Wilson, 204 U.S. 36, 27 S.Ct. 243, 51 L.Ed. 357; Buchanan v. Warley, 245 U.S. 60, 38 S.Ct. 16, 62 L.Ed. 149; Alevy v. Downstate Med. Center of State of N.Y., 39 N.Y......
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Vigeant v. Postal Tel. Cable Co.
...a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary. Bachtel v. Wilson, 204 U. S. 36, 41 [27 S. Ct. 243, 51 L. Ed. 357];Louisville & Nashville R. R. Co. v. Melton, 218 U. S. 36 [30 S. Ct. 676, 54 L. Ed. 921,47 L. R. A. (N. S.)......
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State ex Inf. Taylor v. Currency Services, Inc., No. 40563.
...390, 272 S.W. 940; 12 C.J. 1129, 1130; State ex rel. Rolston v. Railroad, 246 Mo. 512; Hawkins v. Smith, 242 Mo. 688; Bachtel v. Wilson, 204 U.S. 36. (12) The states alone may establish by their statutes and enforce police powers as an attribute of sovereignty. Under the exercise of its pol......