464 HASTINGS—-POLICE POWER OF THE STATE. [June 19, 
CHAPTER IX 
REGULATING THE USE OF PROPERTY Not A FORBIDDEN TAKING. 
The principles suggested by the cases of Railroad Company vs. 
Fuller and Railroad Company vs. Maryland were now to be ex- 
tended preparatory to a later abridgment. *In Munn gs. Illinois 
began another judicial contest inside the federal Supreme Court, 
this time over the employment of the police power of the state to 
regulate charges in ‘‘ employments charged with a public interest.’’ 
The doctrines of Railroad Company vs. Fuller and Railroad Com- 
pany vs. Maryland, when they commenced to be extended and their 
consequences perceived, began at once to be questioned by mem- 
bers of the court, although there had been no dissent in either of 
those cases. 
The State of Illinois has a constitution expressly declaring all 
elevators and storehouses where grain is stored for a compensation 
public warehouses, and requiring the legislature to pass laws for the 
inspection of grain for the protection of producers, receivers ‘and 
shippers of grain and produce. In 1871 a law was enacted to 
carry this constitutional provision into effect. This law among 
other things required the proprietor of every such public ware- 
house to obtain a license and provided a penalty of $100 for each 
day’s business done without a license. It was also provided that 
no such public warehouse should charge for the storage of grain 
more than a certain fixed price. 
In 1872 an action was commenced against Munn & Scott, of 
Chicago, the managers of a large elevator there, charging that they 
unlawfully transacted such business without procuring the license 
required. It was agreed at the trial that Munn & Scott had com- 
plied with the law in every respect but two: that they had taken 
out no license and given no bond, as was required, and that they 
had also continued to charge rates of storage in use before the law 
was adopted and greater than the ones fixed by the law. They 
were found guilty and fined. This judgment was affirmed by the 
194 U. S., 113 (1876). 
