Edward Douglass White

“ First, because it is asserted that those engaged in the business of manufacturing or wholesale merchandising are permitted to commit without offense the act or acts which are made criminal by the laws of 1889 and 1905, when done by any other person; and, second, because, even if the terms of the 7th section do not effect such a result, the section nevertheless operates to produce an unlawful inequality, since it creates a prima facie presumption of guilt from the proof of certain acts as against all persons but those engaged in the business of manufacturing and wholesale merchandising. ”

“ A statute may be void in part and valid in part. If the provision as to prima facie evidence, as to certain purchases upon 'margin,' were null, because not applying to all purchases upon 'margin,' this would in no wise invalidate that part of the statute which forbids carrying on the business of running a 'bucket shop.' The defendant is not indicted for buying commodities for future delivery upon a 'margin;' nor are manufacturers and wholesale merchants, nor anyone else, exempted from the prohibition of carrying on the 'bucket shop' business. ”

“ That proof that any person, corporation, or other association of persons, either principals or agents, shall establish an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stocks, bonds, and other commodities, or of any one or more of the same, shall constitute prima facie evidence of being guilty of violating § 1 of this act, and of chapter 221 of the Public Laws of 1889. ”