283 N.W. 686 | Mich. | 1939
Lead Opinion
Plaintiff Sperry Hutchinson Company deals in trading stamps given by retail merchants to cash customers. The stamps are redeemable in cash or merchandise. Plaintiff Brock-Ederle Company is engaged in the retail sale of gasoline and gives these stamps to its customers. Upon being threatened with prosecution for violation of *556 Act No. 282, § 6, Pub. Acts 1937 (Comp. Laws Supp. 1937, § 9829-16, Stat. Ann. 1938 Cum. Supp. § 28.78 [6]), plaintiffs brought suit to enjoin defendant prosecutor from bringing such threatened action and claimed that section 6, was unconstitutional. The trial judge so held and defendant appeals.
We refer to our decision in People v. Victor, ante, 506. The trial judge was correct and his decree enjoining prosecution is affirmed, but without costs, a public question being involved.
WIEST, SHARPE, CHANDLER, and NORTH, JJ., concurred with BUTZEL, C.J.
Dissenting Opinion
My views on the constitutionality of the section of the statute in question are set forth in People v. Victor, ante, 506. With regard to plaintiffs' claim that the statute violates the Fourteenth Amendment to the Constitution of the United States in denying to plaintiffs the equal protection of the laws — an issue, herein, somewhat more emphasized than in theVictor Case, — such contention is without foundation, under the authority of Nebbia v. New York,
The decree should be reversed, and the injunction set aside.
POTTER, J., concurred with McALLISTER, J. BUSHNELL, J., did not sit. *557