t. However, in a recent civil suit, a United States
District Court judge asserted his belief, by way of dictum, that
protection against "unreasonable searches and seizures, invasion of
freedom of speech and press, unlawful and unwarranted incarcerations,
arrests, and _failure to allow reasonable bail_ would all be fundamental
rights protected by [the Fourteenth] Amendment from State
invasion."--International Union, Etc. _v._ Tennessee Copper Co., 31 F.
Supp. 1015 (1940).

[970] Collins _v._ Johnston, 237 U.S. 502, 510 (1915).--In affirming a
judgment obtained by Texas in a civil suit to recover penalties for
violation of its antitrust law, the Supreme Court proffered the
following vague standard for determining the validity of penalties
levied by States. "The fixing of punishment for crime or penalties for
unlawful acts against its laws is within the police power of the State.
We can only interfere with such legislation and judicial action of the
States enforcing it if the fines imposed are so grossly excessive as to
amount to a deprivation of property without due process of law."
However, a fine of $1,600,000 levied in this case against a corporation
having assets of $40,000,000 and paying out dividends as high as 700%,
and which was shown to have profited from its wrong doing was not
considered to be excessive.--Waters-Pierce Oil Co. _v._ Texas, 212 U.S.
86, 111 (1909).

[971] Graham _v._ West Virginia, 224 U.S. 616, 623 (1912). _See also_
Ughbanks _v._ Armstrong, 208 U.S. 481, 498 (1908).

[972] 136 U.S. 436, 447-448 (1890).

[973] 329 U.S. 459 (1947).

[974] Concurring in the result, Justice Frankfurter concentrated on the
problem suggested by the proposed absorption of the Bill of Rights by
the due process clause of the Fourteenth Amendment, and restated his
previously disclosed position as follows: "Not until recently was it
suggested that the Due Process Clause of the Fourteenth Amendment was
merely a compendious reference to the Bill of Rights whereby the States
were now restricted in devising and enforcing their penal code precisely
as is the Federal Government by the first eight amendments. On this
view, the States would be confined in the enforcement of their criminal
codes by those views for safeguarding the rights of the individual which
were deemed necessary in the eighteenth century. Some of these
safeguards have perduring validity. Some grew out of transient
experience or formulated remedies which