Western Turf Association v. Greenberg, 204 U.S. 359 (1907)

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Western Turf Association v. Greenberg

No. 189

Submitted January 29, 1907
Decided February 25, 1907
204 U.S. 359

ERROR TO THE SUPREME COURT

OF THE STATE OF CALIFORNIA

Syllabus

Where defendant corporation in the court below questions the constitutionality of a state statute as an abridgment of its rights and immunities and as depriving it of its property without due process of law in violation of the Fourteenth Amendment, and the judgment sustains the validity of the statute, this Court has jurisdiction to review the judgment on writ of error under § 709, Rev.Stat.

A corporation is not deemed a citizen within the clause of the Constitution of the United States protecting the privileges and immunities of citizen of the United States from being abridged or impaired by the law of a state, and the liberty guaranteed by the Fourteenth Amendment against deprivation without due process of law is that of natural, not artificial, person.

A state may, in the exercise of it police power, regulate the admission of persons to place of amusement, and, upon terms of equal and exact justice, provide that persons holding tickets thereto shall be admitted if not under the influence of liquor, boisterous, or of lewd character, and such a statute does not deprive the owners of such place of their property without due process of law; so held as to California statute.

148 Cal. 126 affirmed.

The facts are stated in the opinion.