It is equally sustained upon the land. The State of Oklahoma provided
for an assessment on all banks in the State in order to create a fund
for the purpose of guaranteeing the depositors in all banks in the
State. The Noble State Bank brought suit against the State to prevent it
from collecting this assessment, on the ground that it was taking
property without due process of law. The Supreme Court, without a
dissenting opinion, held that the act was constitutional, on two
grounds: first, because "it is established by a series of cases that an
ulterior public advantage may justify a comparatively insignificant
taking of private property for what in its immediate purpose is a
private use"; and, second, because "it may be said in a general way
that the police power extends to all the great public needs. It may be
put forth in aid of what is sanctioned by usage or held by the
prevailing morality or strong and preponderant opinion to be greatly and
immediately necessary to the public welfare." A similar case coming
before the Court from the State of Kansas was decided with the same
unanimity by the Court at the same time.[78]
This definition of Constitutional law by the unanimous opinion of the
Supreme Court of the United Slates, if accepted, clearly determines the
constitutionality of the Workman's Compensation Act.
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