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KENNINGTON v. PALMER

No. 367.

255 U.S. 100 (1921)

KENNINGTON ET AL. v. PALMER ET AL.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Garner Wynn Green, with whom Mr. Marcellus Green and Mr. Wm. H. Watkins were on the briefs, for appellants.

The Solicitor General, for appellees, in addition to the points presented in the preceding cases, argued that the act does not take property without due process of law. There was no contention that a mere failure to conform to prices fixed by a fair-price committee can be made the basis of a criminal prosecution.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

The appellants, dealers in wearing apparel in the city of Jackson, Mississippi, filed their bill in the court below against the Attorney General and subordinates charged by him with administrative duties under § 4 of the Lever Act to enjoin the enforcement against them of provisions of that section. Their right to relief was based upon averments as to the unconstitutionality...

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