Frank Murphy

“ We rehearse the obvious when we say t at our function is thus misconceived. We are not equipped to decide desirability; and a court cannot eliminate measures which do not happen to suit its tastes if it seeks to maintain a democratic system. The forum for the correction of ill-considered legislation is a responsive legislature.
We cannot say that South Carolina is not entitled to call the funeral insurance business an evil. Nor can we say that the statute has no relation to the elimination of those evils. ”

“ The court found that the respondent's policies are actuarially sound; that funeral insurance is desirable; and that the other South Carolina insurance regulations are 'ample' to correct any evils resulting from respondents' business. The Court concluded that the statute now before us is so unreasonable that it offends the Due Process Clause. ”

“ Life insurance companies and their employees not own or operate undertaking business.-It shall be unlawful for any life insurance company, corporation, or association, except fraternal benefit societies licensed to do business in this State to own, manage, supervise, or operate or maintain a mortuary or undertaking establishment, or to permit its officers, agents or employees to own, operate of maintain any such funeral or undertaking business.↑ See Fla.Code, § 639.04, F.S.A. ”