Soon Hing v. Crowley, 113 U.S. 703 (1885). · Go Syfert
Soon Hing v. Crowley, 113 U.S. 703 (1885). Cases Citing This Book View Copy Cite
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Courts cannot inquire into the subjective motives of legislators unless those motives are disclosed on the face of the statute or are inferable from its operation.

A laundry operator challenges a municipal ordinance that requires certain businesses to cease labor during specific night hours, alleging the regulation is motivated by antipathy toward Chinese residents and unconstitutionally discriminates against the laundry business. The court holds that the ordinance is a valid exercise of the municipality's police power to prevent fires in a city of wooden buildings. The court determines that the regulation is not discriminatory because it applies equally to all persons engaged in the same business and does not invade substantial rights. Furthermore, the court concludes that it cannot inquire into the subjective motives of legislators to determine the validity of a statute.

655 citation events (12 in the last 25 years) across 107 distinct courts.
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At page 710 Courts cannot inquire into legislative motives11 citing cases“and the rule is general with reference to the enactments of all legislative bodies that the courts cannot inquire into the motives of the legislators in passing them, except as thev mav be disclosed on the face of the acts, or inferrible from their operation . . .”1 citing court quotes it · 10 listed here
  • Durand v. IDC Bellingham, LLC, 440 Mass. 45 (2003).published
    (courts cannot inquire into the motives of the legislators in passing [enactments] .... The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth, prec…)
  • San Francisco Apt. Ass'n v. City & Cnty. of San Francisco, 3 Cal. App. 5th 463 (Cal. Ct. App. 2016).published
    The motives of the legislators, considered as the purposes they had in view, will always be presumed to be to accomplish that which follows as the natural and reasonable effect of their enactments.’ ” (County of Los Angeles v. Superior Cou…
  • Sutter's Place Inc. v. Superior Court, 161 Cal. App. 4th 1370 (Cal. Ct. App. 2008).published
    Sutter’s Place challenges the aspect of the order that states the following: “The motion to compel is DENIED as to the documents identified in the City’s in camera [szc] submission as Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 20, 26, 27, 28…
  • Russell Bridenbaugh v. Frank O'bannon, in His Off. Capacity as Governor of the State of Indiana, 185 F.3d 796 (7th Cir. 1999).published
    Id. at 436 ("'Laws setting aside Sunday as a day of rest are upheld, not from any right of the government to legislate for the promotion of religious observances, but from its right to protect all persons from the physical and moral debase…
  • Mandel v. Hodges, 54 Cal. App. 3d 596 (Cal. Ct. App. 1976).published
    His conduct is to be judged by the expression which it takes in the enactment adopted. . .”); Soon Hing v. Crowley (1885) 113 U.S. 703, 710 [ 28 L.Ed. 1145, 1147 , 5 S.Ct. 730 ] (“And the rule is general with reference to the enactments of…
  • Bd. of Admin., Pub. Employees' Ret. Sys. v. Superior Court, 50 Cal. App. 3d 314 (Cal. Ct. App. 1975).published
    (See, e.g., People v. County of Glenn (1893) 100 Cal. 419, 423 [ 35 P. 302 ] (‘[T]he motives which induced legislative action are not a subject of judicial inquiry’); Hadacheck v. Alexander (1915) 169 Cal. 616, 617 [ 147 P. 259 ] (‘It is .…
  • Cnty. of Los Angeles v. Superior Court, 532 P.2d 495 (Cal. 1975).published
    (See, e.g., People v. County of Glenn (1893) 100 Cal. 419, 423 [ 35 P. 302 ] (“[T]he motives which induced legislative action are not a subject of judicial inquiry”); Hadacheck v. Alexander (1915) 169 Cal. 616, 617 [ 147 P. 259 ] (“It is .…
  • Schacht v. City of New York, 40 Misc. 2d 303 (N.Y. Sup. Ct. 1963).published
    I note that in Soon Hing v. Crowley ( 113 U. S. 703, 710-711 [1885], supra) the court refused to inquire into the supposed hostile motives of the municipal legislators in passing the legislation fixing the hours of laundries therein involv…
  • San Francisco Shopping News Co. v. City of South San Francisco, 69 F.2d 879 (9th Cir. 1934).published
    Mr. Justice White, after ward Chief Justice, observed: “The decisions of this court from the beginning lend no support whatever to the assumption that the judiciary may restrain the exercise of lawful power on the assumption that a wrongfu…
  • City of Las Vegas v. Foley, 747 F.2d 1294 (9th Cir. 1984).published
At page 708 Determining municipal police power over local regulations4 citing casesprohibition against labor on Sunday in this section is; not involved here, as it was not in that case; and the provision for the cessation of labor in the…opening of page *708 (no citing court says what it cites this page for)
  • Eanes v. City of Detroit, 272 N.W. 896 (Mich. 1937).published
    Extracts from the opinion of Mr. Justice Field in Soon Hing v. Crowley, 113 U. S. 703, 708 (5 Sup. Ct. 730), have been cited to other courts in support of ordinances like the one at bar-.
  • Oppenheim Apparel Corp. v. Cruise, 118 Misc. 368 (N.Y. Sup. Ct. 1922).published
    Ordinances of New York City, chap. 23, art. 16, § 215, approved by the mayor December 16, 1921; Soon Hing v. Crowley, 113 U. S. 703, 708, 709 .
  • Shurman v. City of Atlanta, 95 S.E. 698 (Ga. 1918).published
    The ordinance was held valid by the Supreme Court of Alabama, as against the objection that it exempted persons and corporations engaged in the manufacture of brass goods, pig iron, east-iron pipe, etc. And see Soon Hing v. Crowley, 113 U.…
  • State v. Pennoyer, 18 A. 878 (N.H. 1889).published
    See, also, Soon Hing v. Crowley, 113 U. S. 703, 708, 709 .
At page 711 The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth, precludes ... such inquiries as impracticable and futile.3 citing cases3 citing courts put it this way
  • Miles-Un-Ltd., Inc. v. Town of New Shoreham, RI, 917 F. Supp. 91 (D.N.H. 1996).published 3 cites
    (The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth, precludes ... such inquiries as impracticable and futile.)
  • Miles v. New Shoreham, No. CV-95-356-JM (D.N.H. Feb. 14, 1996).published 2 cites
    (The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth, precludes . . . such inguiries as impracticable and futile.)
  • Griffin, No. 3:22-cv-00077 (D. Alaska June 2, 2026).
    “The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth, precludes all such inquiries as impracticable and futile.”
At page 709 “the specific regulations for one kind of business, which may be necessary for the protection of the public, can never be the just ground of complaint because like restrictions are not imposed upon other business of a different kind.”2 citing casesthe opinion's own words at *709, quoted by 2 later opinions
  • City of Newnan v. Atlanta Laundries Inc., 162 S.E. 497 (Ga. 1932).published
    In Soon Hing v. Crowley, 113 U. S. 703, 709 (5 Sup. Ct. 730, 28 L. ed. 1145), the Supreme Court held: “The decision in Barbier v. Connolly, ante, 27 — that a municipal ordinance prohibiting from washing and ironing in public laundries and…
  • State v. Muller, 85 P. 855 (Or. 1906).published
    “The discriminations which are open to objection,” says Mr. Justice Field, in Soon Hing v. Crowley, 113 U. S. 703, 709 (5 Sup. Ct. 730, 28 L.
28 L. Ed. at 1147 cited at this page1 citing case
  • Sugarloaf Citizens Assoc., Inc. v. Gudis, 573 A.2d 1325 (Md. 1990).published
    See, e.g., Arlington Heights v. Metropolitan Housing Corp., 429 U.S. 252 , 268 n. 18, 97 S.Ct. 555 , 565 n. 18, 50 L.Ed.2d 450 , *578 466 n. 18 (1977); Cohen v. Beneficial Loan Corp., 337 U.S. 541, 551, 69 S.Ct. 1221, 1228 , 93 L.Ed. 1528,…
At page 704 cited at this page1 citing case
  • Farmers' Loan & Trust Co. v. Chicago, P. &. S. Ry. Co., 39 F. 143 (1889).published
    We can only examine into its power under the constitution.” In Doyle v. Insurance Co., 94 U. S. 541 : “If the act done by the state is legal,—is notin violation of tho constitution or laws of the United States,—-it is quite out of the powe…
At page 730 cited at this page1 citing case
At page 731 cited at this page1 citing case
Other citing cases9 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Soon Hing
v.
Crowley, Chief of Police, Etc
Supreme Court of the United States.
Mar 16, 1885.
Published opinion
113 U.S. 703
1885 U.S. LEXIS 1723
Mr. David McClure and Mr. Thomas D. Riordcm for plaintiff in error., No appearance for defendant in error.
Field.
Cited by 341 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 90%
Citer courts: D. New Hampshire (5) · D. Alaska (1)
Mr. Justice Field,

after making the foregoing statement of facts, delivered the opinion of the court.

The ordinance- of the Board of Supervisors of the city and county of San Francisco, the legislative authority of that municipality, approved on the 25th of June, 1883, is similar in its main features to the ordinance under consideration at this term in Barbier v. Connolly, ante, page 27. It differs in the designation of the limits of the district of the city and- county within which its provisions are to be enforced, but not otherwise in any essential particular. The fourth section is identical in both. The[*708] prohibition against labor on Sunday in this section is; not involved here, as it was not in that case; and the provision for the cessation of labor in the laundries within certain prescribed limits of the city and county during certain hours of the night is purely a police regulation, which is, as we there said, within the competency of any municipality possessed of the ordinary powers belonging to such bodies. Besides, the Constitution of California declares that “ any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.” Art. XI., § 11. And it is of the utmost consequence in a city subject, as San Francisco is, the greater part of the year, to high winds, and composed principally within the limits designated of wooden buildings, that regulations of a strict character should be adopted to prevent the possibility of fires. That occupations in which continuous fires are necessary should cease at certain hours of the night would seem to be, under such circumstances, a reasonable regulation as a measure of precaution. At any rate, of its necessity for the purpose designated the municipal ¿uthorities are the appropriate judges. Their regulations in this matter are riot subject to any interference by the federal tribunals unless they are made the occasion for invading the substantial rights of persons, and no such invasion is caused by the regulation in question. As we said in Barbier v. .Connolly, “the same municipal authority which directs the cessation of labor must necessarily prescribe the limits within which it shall be enforced, as it does the limits in a city within which wooden buildings cannot be constructed.” No invidious discrimination is made against any one by the measures adopted. All persons engaged in the same business within the prescribed limits are treated alike and subject to similar restrictions.

There is no force in the objection that an unwarrantable discrimination is made against persons engaged in the laundry business, because persons in other kinds of business are not required to cease from their labors during the same hours at night. There may be no risks attending the business of others, certainly not as great as where fires are constantly required to carry them on. The specific regulations for one kind of busi[*709] ness, which may be necessary for the protection of the public, can never be the just ground of complaint because like restrictions are not imposed upon other business of a different kind. The discriminations which are open to objection are those where persons engaged in the same business are subjected to different restrictions, or are held entitled to different privileges under the same conditions. It is .only then that the discrimination can be said to impair, that equal right which all can claim in the enforcement of the laws.

But counsel in the court below not only objected to the fourth section of the ordinance as discriminating between those engaged in the laundry business, and those engaged in other business, but also as discriminating between different classes engaged in the laundry business itself. This latter ground of objection becomes intelligible only by reference to his brief, in which we are informed that the laundry business, besides the washing and ironing of clothes, involves the fluting, polishing, blueing, and wringing of them; and that these are all different branches, requiring separate and skilled workmen, who are not prohibited from working ,during the hours of night. This fluting, polishing, blueing, and w.mging of clothes, it seems to us, are incidents of the general business, and are embraced within its prohibition. But if not incidents, and they are outside of the prohibition, it is because thére is not the danger from them that would arise from the continuous fires required in washing; and it is not discriminating legislation in any invidious sense that branches of the same business from which danger is apprehended are prohibited during certain hours of the night, whilst other branches involving no such danger are permitted.

The objection that the fourth section is void on the ground that it deprives a man of the. right to work at all times is equally without force. However broad the right of every one to follow such calling and employ his time as he may judge most conducive to his interests, it must be exercised subject to such general rules as are adopted by society for the common welfare. All sorts of restrictions , are imposed upon the actions of men notwithstanding the liberty which is guaranteed to each. It is liberty regulated by just and impartial laws. Bar-[*710] ties, for example, are free to make any contracts they choose for a lawful purpose, but society says what contracts shall be in writing and what may be verbally made, and on' what days they may be executed, and how long they may be enforced if their terms are not complied with. So, too, with the hours of labor. On few subjects has there been more regulation. How . many hours shall constitute a day’s work in the absence of contract, at what time shops in our cities shall close at night, are constant subjects of legislation. Laws setting aside Sunday as a day of rest are upheld, not from any right of the government to legislate for the promotion of religious observances, but from its right to protect all persons from the physical and moral debasement which comes from uninterrupted labor. Such laws have always been deemed beneficent and merciful laws, especially to the poor and dependent, to the laborers in 1 our factories and workshops and in the heated rooms of our cities; and their validity has been sustained by the highest courts of the States.

The principal objection, however, of the petitioner to the ordinance in question is founded upon the supposed hostile motives of the supervisors in passing it. The petition alleges that it was adopted owing to a feeling of antipathy and hatred prevailing in the city and county of San Francisco against the subjects of the Emperor of China resident therein, and for the purpose of compelling those engaged in the laundry business to abandon their lawful vocation, and residence there, and not for any sanitary, police, or other legitimate purpose. There is nothing, however, in the language of the ordinance, or in the record of its enactment, which in any respect tends to sustain this allegation. And the rule is general with reference to the enactments of all legislative bodies that the courts cannot inquire into the motives of the legislators in passing them, except as they may be disclosed on the face of the acts, or inferrible from their operation, considered with reference to the condition of the country and existing legislation. The motives of the legislators, considered as the purposes they had in view, will always be presumed to be to accomplish that which follows as the natural and reasonable effect of their enactments. Their[*711] motives, considered as the moral inducements for their votes, will vary with the different members of the legislative body. The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth,' precludes all such inquiries as impracticable and futile. And in the present case, even if the motives of the supervisors were as alleged, the ordinance would not be thereby changed from a legitimate police regulation, unless in its enforcement it is made to operate only against the class mentioned; and of this there is no pretence.

It follow's that the several questions certified must be answered in the negative and the judgment be affirmed;

And it is so ordered.