Munn v. Illinois

Fri, 14 Jan 1876 13:00:00 +0000

Location

Illinois General Assembly

S 2nd Street and E Capitol Avenue Springfield IL 62701

Springfield, IL 62701

United States

39° 47' 53.9124" N, 89° 38' 52.638" W

See map: Google Maps

Case Basics

Petitioner

Munn

Petitioner Type

Petitioner

Respondent

Illinois

Respondent Type

Respondent

Heard By

Waite Court (1874-1877)

Decided By

Waite Court (1874-1877)

Opinion

94 U.S. 113 (1877)

Argued

Friday, January 14, 1876

Decided

Thursday, March 1, 1877

Facts of the Case

Illinois regulated grain warehouse and elevator rates by establishing maximum rates for their use.

Question

Did the state-imposed rates deny the warehouse and elevator owners equal protection and due process under the 14th Amendment?

Conclusion

Decision: 7 votes for Illinois, 2 vote(s) against
Legal provision: Illinois Warehouse Act of 1871; US Constitution, 14th Amendment

No on both counts. Waite, for the Court, took a broad view of the state's police power. He argued that the states may regulate the use of private property "when such regulation becomes necessary for the public good." Waite resurrected an ancient legal doctrine to support his view: "When property is affected with a public interest, it ceases to be juris privati only."

Cases - 1875 term

Munn v. Illinois

Location