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Wrangler's Challenge. Lindsay McKenna. Chris Keniston. Whitehorse Secrets. Juliana Stone. The Attraction Equation. Kadie Scott. Christmas Angels. La Fleur, U. Illinois, U. The challenged act has established a separate class of carriers restricted parcel carriers and has established substantive law applicable to all members of that class. While the challenged language suggests the possibility of conclusive presumptions, when placed in the perspective of what the Legislature intended by the language used, it becomes apparent that those within the newly created class of restricted parcel carriers are thereby entitled to operate over the routes or between the points within the same areas as are authorized to be served by non-restricted parcel carriers.

When viewed in this light, the challenged language falls into the category of substantive, not procedural law. Thus, the problem becomes one of whether such a class could be validly created and whether the law as applied to the members of the class is unreasonable, arbitrary, and whether there is a reasonable relationship between the objective of the act and the means of its accomplishment.

Family Publications Service, U. The issue [ P. There, as here, it was argued that the act created an irrebuttable presumption of fact. Wisconsin [ U. Donnan [ U. In Schlesinger and Heiner, we held that certain taxing provisions violated the Due Process Causes of the Fifth and Fourteenth Amendments because they conclusively presumed the existence of determinative facts. The challenged rule contains no comparable presumption. The rule was intended as a prophylactic measure; it does not presume that all creditors who are within its ambit assess financial charges, but, rather, imposes a disclosure requirement on all members of a defined class in order to discourage evasion by a substantial portion of that class.

There the Court said A. We recognize that the legislature cannot make certain facts conclusive proof of another ultimate fact where there is no logical connection or probability in experience to connect them. But the real legislative intent may not be to make a rule of evidence, but a rule of substantive law, and if the legislature may constitutionally do the latter, the form of words used will not defeat the intent.

We regard the language of section to be of this sort. Its meaning as a whole is that ordinarily a physical delivery of a negotiable instrument is required to put it in force, and that when it is found complete on its face in the hands of one not its maker it is to be regarded as delivered unless the contrary is shown, but that in the hands of a holder in due course no enquiry is to be made into delivery, but the right of the holder is to be held indefeasible by a want of delivery. It is not capricious or arbitrary, but a reasonable fixing of the rights of the parties. Oklahoma Elec.

There, as here, the argument was made that a state statute insofar as it might affect competition between them resulted in violation of due process and equal protection clause of the Fourteenth Amendment of the United States Constitution. We held that the encroachment by one pursuant to statute upon the territory of the other franchisee was proper if the statute was based upon reasonable and natural distinctions of the encroaching franchisee's classification from those of the other, citing 82 C.

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We added p. Corporation Commission of State of Oklahoma , U. Melvin , Okl. Mullendore , Okl. The [statutes], of course, operated throughout the state. Also, it was necessary that they operate uniformly upon all who came within their scope Sanchez v. Melvin, supra , and it is not claimed that they did not. Coats, Okl.

The first is the basic and conventional standard for reviewing discrimination or differentiation of treatment between classes of individuals. It manifests restraint by the judiciary in relation to the discretionary act of the legislature, and invests legislation involving differentiated treatment with a presumption of constitutionality. This standard requires merely that distinctions drawn by a challenged statute bear some rational relationship to a conceivable legitimate stated purpose.

Under this rationale, if a classification does not permit one to exercise the privilege while refusing it to another of like qualifications, under similar conditions and circumstances, it is unobjectionable. The classification must be neither arbitrary nor capricious, and it must bear a rational relationship to the objective sought to be accomplished. A classification is constitutional if there is a reasonable classification and reasonable opportunity for uniform or equal incidence on the class created.

In these instances, the United States Supreme Court has adopted an attitude of active and critical analysis which subjects the classification to strict scrutiny. Under the strict standard applied in such cases, the state bears a burden of establishing, not only that it has a compelling interest which justifies the law, but that the distinctions drawn by the law are necessary to further its purpose.

Appellant has failed to meet its burden of showing that the act is essentially arbitrary and clearly unreasonable, and that, together with the presumption of the act's constitutionality, compels us to find that the challenged act does not violate constitutional equal protection or due process.

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