New York Ex Rel. Lieberman v. Van De Carr

Background

A milk seller in New York City had his written permit revoked by the city board of health and was later found selling milk without a permit. He was arrested under a city sanitary code that makes selling milk without a permit a misdemeanor. He sued for release, arguing the permit rule gave the board arbitrary power and singled out milk sellers, but state courts rejected his claims before the case reached the United States Supreme Court.

Reasoning

The Court asked whether the permit rule deprived the seller of liberty or property without due process or denied equal protection. Relying on the New York Court of Appeals’ construction, the Court held the law authorizes the board to exercise reasonable discretion, not arbitrary power, and found no record evidence of oppressive or unlawful action against this seller. The Court cited prior decisions upholding local boards’ authority to regulate health risks and said federal intervention is not warranted absent clear arbitrary enforcement.

Real world impact

The ruling means city and local health boards may require written permits to sell milk and can grant or revoke them based on reasonable judgment about health and safety. Milk sellers in the city must comply with local permits or challenge decisions through state processes; federal courts will generally not overturn permit rules without strong proof of arbitrary action.

Dissents or concurrances

Justice Holmes wrote separately agreeing with the judgment, noting the statute predates the Fourteenth Amendment and that it is unclear whether board decisions are subject to judicial review for reasonableness.