Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth

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B. Slaughter-House Cases (1873)

Was the state statute which granted the authority to one

corporation to own slaughterhouse outside the city, where all

slaughtering must take place, a violation of 14th amendment?

1. Majority: Miller

a. denies this is a monopolistic arrangement

1). anyone can use slaughterhouse as long as he pays a

"reasonable compensation."

2). statute promotes public health and welfare; under "police


b. alternative holding: if there is a monopoly the 14th

amendment does not apply since it only deal with race

 federal courts have no business getting involved;

strongly believes in state rights

2. Dissent: Field

a. finds a monopoly; corporation has a competitive advantage.

b. "under the pretence of prescribing a police regulation the State can't be permitted to encroach upon any of the just rights of the citizen, which the Constitution intended to secure against abridgement"

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