Morey v. Doud

PETITIONER: Morey
RESPONDENT: Doud
LOCATION: Railroad Crossing

DOCKET NO.: 475
DECIDED BY: Warren Court (1957-1958)
LOWER COURT:

CITATION: 354 US 457 (1957)
ARGUED: Apr 24, 1957
DECIDED: Jun 24, 1957

Facts of the case

Question

Media for Morey v. Doud

Audio Transcription for Oral Argument - April 24, 1957 (Part 2) in Morey v. Doud

Audio Transcription for Oral Argument - April 24, 1957 (Part 1) in Morey v. Doud

Earl Warren:

Number 475, Lloyd Morey, Auditor of Public Accounts of the State of Illinois, et al, Appellants, versus George W.Doud, et al.

Mr. Wines.

William C. Wines:

May it please Your Honors.

This case here before this Court for the second time is now before this Court's -- Court on appeal probable jurisdiction having been noted from the decision of a three-judge District Court in the Northern District of Illinois.

The case involves the constitutionality of the Illinois Currency Exchange Act in its application to the plaintiffs in this case.

The three-judge District Court has held the Act unconstitutional in that application for a reason that can be briefly stated and that I shall then address.

If Your Honors please, the Illinois Currency Exchange Act regulates after defined currency exchanges.

This much legislative history is I think prerequisite to a clear statement of the question, subsidy constitutional question, presented in this case.

In the 1930's with the closing of banks in Illinois, the business of currency exchanges became widespread in Illinois for a reason that I don't know on or off the record.

They have been very much more popular in Illinois than they have in other states.

I don't know why but such is the fact.

The currency exchanges in Illinois engaged in two principle activities for --

Felix Frankfurter:

By currency exchanges to be more popular than elsewhere.

You mean people to whom -- places where you can exchange a lira or a gold or a --

William C. Wines:

No, Your Honor.

Felix Frankfurter:

What is it?

William C. Wines:

No, Your Honor.

Felix Frankfurter:

What is it?

William C. Wines:

I was just about to explain --

Felix Frankfurter:

I see.

William C. Wines:

-- what the Illinois currency exchange is and how it is defined in the Act.

Felix Frankfurter:

Well, is that a very -- is it a special conception in Illinois?

William C. Wines:

Yes, it's a legislative conception.

Felix Frankfurter:

I see.

William C. Wines:

It is a legislative conception, legislatively defined and doesn't correspond to any ordinary connotation of the phrase --

Felix Frankfurter:

Well, that is -- well, that is --

William C. Wines:

--in -- in power.

Felix Frankfurter:

-- strayed by your suggestion that you had more of them than other States.

I assume you were comparing comparables.

I am comparing comparables but I'm talking about the kind of --