United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ohio ex Rel. Clark v. Deckebach, 274 U.S. 392 (1927)

Ohio ex Rel. Clark v. Deckebach

No. 272

Argued April 18, 19, 1927

Decided May 16, 1927

274 U.S. 392

ERROR TO THE SUPREME COURT

OF THE STATE OF OHIO

1. Construction of the pleadings by the state supreme court as sufficiently drawing in question the validity of an ordinance under a treaty will be followed by this Court on review of the judgment upholding the ordinance. P. 274 U. S. 394.

2. The provision of the Treaty with Great Britain (July 3, 1815, August 6, 1827) that "the merchants and traders of each nation . . . shall enjoy the most complete protection and security for their commerce" does not apply to proprietors of places of amusement, like a billiard hall. P. 274 U. S. 395.

Page 274 U. S. 393

3. A city ordinance prohibiting the issuance to alien of licenses to conduct pool and billiard room does not violate the right of aliens under the equal protection clause of the Fourteenth Amendment. So held in view of the character of the business, and the absence of ground for concluding that the legislative council acted without a rational basis in determining that aliens as a class were disqualified by their associations, experiences, and interests from conducting the business, and in excluding the entire class, rather than its objectionable member selected by more empirical method. P. 274 U. S. 396.