Standard Oil Co. v. City of Marysville
279 U.S. 582 (1929)

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U.S. Supreme Court

Standard Oil Co. v. City of Marysville, 279 U.S. 582 (1929)

Standard Oil Co. v. City of Marysville

No. 545

Argued April 19, 1929

Decided May 20, 1929

279 U.S. 582

Syllabus

1. Where legislative action is within the scope of the police power, fairly debatable questions as to it reasonableness, wisdom, and propriety are not for the determination of courts, but for that of the legislative body on which rest the duty and responsibility of decision. P. 279 U. S. 584.

2. The court takes judicial notice that gasoline and kerosene stored in large quantities are dangerously inflammable. Id.

3. A city ordinance requiring that all tanks with a capacity of more than ten gallons, used within the city limits for the storage of gasoline and kerosene, be buried at least three feet under ground held a legitimate exercise of the police power in the interest of public safety, and not violative of the Fourteenth Amendment. P. 279 U. S. 585.

4. Legislation may not be held invalid merely because compliance with it is burdensome. P. 279 U. S. 586.

27 F.2d 478 affirmed.

Certiorari, 278 U.S. 596, to review a decree of the circuit court of appeals which reversed a decree of the district court, entered in two consolidated cases, enjoining the City of Marysville, and city officials, from enforcing by prosecution of the plaintiff companies, an ordinance requiring that tanks for storage of petroleum products be buried underground.

Page 279 U. S. 583

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