ght within one year from the date of loss. "When the parties to a
contract have expressly agreed upon a time limit on their obligation, a
statute which invalidates * * * [said] agreement and directs enforcement
of the contract after * * * [the agreed] time has expired * * *"
unconstitutionally imposes a burden in excess of that contracted.[784]
Evidence and Presumptions
The establishment of presumptions and rules respecting the burden of
proof is clearly within the domain of State governments.[785] As long
as a presumption is not unreasonable and is not conclusive of the rights
of the person against whom raised, it does not violate the due process
clause. Legislative fiat may not take the place of fact, however, in the
determination of issues involving life, liberty, or property, and a
statute creating a presumption which is entirely arbitrary and which
operates to deny a fair opportunity to repel it or to present facts
pertinent to one's defense is void. On the other hand, if there is a
rational connection between what is proved and what is to be inferred,
legislation declaring that the proof of one fact or group of facts shall
constitute _prima facie_ evidence of a main or ultimate fact will be
sustained.[786]
On the ground that the connection between the fact proven and that
presumed was not sufficient and that reasoning did not lead from one to
the other, the following statutory presumptions have been voided. Thus,
a statute which treated a breach of a contract to labor as _prima facie_
evidence of an intent to defraud an employer of money paid by him in
advance was found to be constitutionally defective because the trial
court was permitted to disregard evidence rationally bearing upon fraud
and to decide upon evidence pertaining to an unrelated breach of
contract, with the consequence that an adequate hearing upon fraud was
not afforded.[787] Also, since "inference of crime and guilt may not
reasonably be drawn from mere inability [of a bank] to pay demand
deposits and other debts as they mature," a statute making proof of
insolvency _prima facie_ evidence of fraud on the part of bank directors
was deemed wholly arbitrary.[788] Similarly, negligence by one or all
the participants in a grade crossing collision not being inferable from
the latter occurrence, the Court voided a Georgia statute which declared
that a railroad shall be liable in damages to person or property by the
running of trains unless the co
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