e
time, unless a record of the same be made and a stamp tax paid.[312]
Making criminal any deduction by the purchaser from the actual weight of
grain, hay, seed, or coal under a claim of right by reason of any custom
or rule of a board of trade is a valid exercise of the police power and
does not deprive the purchaser of his property without due process of
law, nor interfere with his liberty of contract.[313]
Trading Stamps.--A prohibitive license fee upon the use of
trading stamps is not unconstitutional.[314]
Banking
The Fourteenth Amendment does not deny to States the power to forbid a
business simply because it was permitted at common law; and therefore,
where public interests so demand, a State may place the banking business
under legislative control and prohibit it except under prescribed
conditions. Accordingly, a statute subjecting State banks to assessments
for a depositors' guaranty fund is within the police power of the States
and does not deprive the banks of property without due process of
law.[315] Also, a law requiring savings banks to turn over to the State
deposits inactive for thirty years (when the depositor cannot be found),
with provision for payment to the depositor or his heirs on
establishment of the right, does not effect an invalid taking of the
property of said banks; nor does a Kentucky statute requiring banks to
turn over to the protective custody of that State deposits that have
been inactive ten or twenty-five years (depending on the nature of the
deposit).[316]
The constitutional rights of creditors in an insolvent bank in the hands
of liquidators are not violated by a later statute permitting reopening
under a reorganization plan approved by the Court, the liquidating
officer, and by three-fourths of the creditors.[317] Similarly, a
Federal Reserve bank is not unlawfully deprived of business rights of
liberty of contract by a law which allows State banks to pay checks in
exchange when presented by or through a Federal Reserve bank, post
office, or express company and when not made payable otherwise by a
maker.[318]
Loans, Interest, Assignments
In fixing maximum rates of interest on money loaned within its borders,
a State is acting clearly within its police power; and the details are
within legislative discretion if not unreasonably or arbitrarily
exercised.[319] Equally valid as an exercise of a State's police power
is a requirement that assignments of future wages as
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