FAIRBANK v. UNITED STATES

No. 226.

181 U.S. 283 (1901)

FAIRBANK v. UNITED STATES.

Supreme Court of United States.

Decided April 15, 1901.


Attorney(s) appearing for the Case

Mr. C.W. Bunn for plaintiff in error. Mr. George A. King and Mr. William B. King filed a brief on behalf of plaintiff in error.

Mr. Solicitor General for the United States.


MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The constitutionality of an act of Congress is a matter always requiring the most careful consideration. The presumptions are in favor of constitutionality, and before a court is justified in holding that the legislative power has been exercised beyond the limits granted, or in conflict with restrictions imposed by the fundamental law, the excess or conflict should be clear. And yet, when...

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