Kennington v. Palmer

  Decided, as to the unconstitutionality of part of the Food Control Act, upon the authority of United States v. Cohen Grocery Co., ante, 81. 

 Equity will enjoin criminal prosecutions threatened under a void statute, the legal remedy being inadequate.   Reversed.

to enjoin criminal prosecutions against dealers in wearing apparel under § 4 of the Food Control Act.

The Solicitor General, for appellees, in addition to the points presented in the preceding cases, argued that the act does not take property without due process of law. There was no contention that a mere failure to conform to prices fixed by a fair-price committee can be made the basis of a criminal prosecution.

Mr. William L. Frierson, Solicitor General for the appellees.

The Attorney General, for respondents.

Mr. Garner Wynn Green, with whom Mr. Marcellus Green, both of Jackson, Mississippi, and ''Mr. Wm. H. Watkins'' were on the briefs, for appellants.

Mr. Chief Justice WHITE delivered the opinion of the Court.