Assaria State Bank v. Dolley, 219 U.S. 121 (1911)

Assaria State Bank v. Dolley

No. 17

Argued December 8, 1910
Decided January 3, 1911
219 U.S. 121

APPEAL FROM THE CIRCUIT COURT OF THE

UNITED STATES FOR THE DISTRICT OF KANSAS

Syllabus

Noble State Bank v. Haskell, ante, p. 104, followed to effect that a state statute establishing a Bank Depositors’ Guaranty Fund and requiring banks to contribute thereto is not unconstitutional as depriving the banks of their property without due process of law or denying them the equal protection of the law.

A state law which affects the needed charges to cure an existing evil by creating motives for voluntary action instead of by compulsion may still be a police regulation.

One who can avail of benefits given by a state statute cannot object to the statute as denying him equal protection of the law because he does not choose to put himself in the class obtaining such benefits.

The Bank Depositors’ Guaranty Fund of 1907 of Kansas, is not unconstitutional as denying equal protection of the law because it applies only to banks which contribute to the fund, or on account of preferences between classes of depositors, or because incorporated banks with a surplus of ten percent have privileges over unincorporated banks.

The facts are stated in the opinion.