“ We said there that there were manifest differences between the 'premium system' of advertising and the other methods enumerated, and that those differences justified a difference in measures. And this is justified not only by the wide discretion which may be exercised in legislation, but by a rigid principle of classification. Classification is not different in law than in other departments of knowledge. 'It is the grouping of things in speculation or practice because they 'agree with one another in certain particulars and differ from other things in those particulars. ”

“ If companies-evolved from the system, as counsel say in justification of them-are able to reap a profit from it, it may well be thought there is something in it which is masked from the common eye, and that the purchaser at retail is made to believe that he can get more out of the fund than he has put into it, something of value which is not offset in the prices or quality of the articles which he buys. ”

“ The adoption of the premium advertising system enables complainants to give a discount upon purchases of small as well as large amounts, one coupon or stamp being given with each 5, 10, or 25-cent cash purchase, or multiple thereof, as the case may be. And a larger discount in merchandise can be given than otherwise there could be because, as a result of large purchases of the merchandise given in exchange for the tokens, the articles are secured at much less than the regular retail price. ”

“ The penalties and fines are so drastic and excessive that they deter complainants from violating the act and testing its validity in a court of law. (e) The statute is in contravention of § 10, article 1, of the Constitution of the United States, in that it impairs the obligations of contracts with and the right of complainants to contract with their customers to give trading stamps and coupons with the purchase of merchandise redeemable in merchandise heretofore given by them. ”

“ It is as extensive as the range of subjects over which the government extends; it is absolute and unlimited, in the absence of constitutional limitations and restraints, and carries with it the power to embarrass and destroy. ”

“ A number of complainants have contracts based on the system, running from one to five years for the use of their premium advertising system, including their trading stamps in connection therewith, which contracts are now in force and were in force at the passage of the act, and a large unmber of stamps are now in the hands of complainants, and if they are prevented from disposing of them complainants will suffer great and irreparable loss. ”

“ A great many manufacturers of various lines of merchandise, for the purpose of advertising their businesses and increasing the volume of their sales, inclose in the packages of their merchandise coupons and other premium tokens which entitle the purchaser of such merchandise to other articles of merchandise free of charge. ”

“ The delivery of the required number of stamps or coupons set forth in the list is in full payment for the article specified, and no money or other consideration is charged therefor.
There is no element of chance involved in the system. The value of each article is fixed as to cash and merchandise redemption and the right of every holder is secure. The articles are of sound value and durable manufacture and are open to inspection during business hours. The premiums are not regularly dealt in by many of the complainants, but are used exclusively in connection with premium advertising. ”

“ It has ulterior purpose, and how it has developed complainants vividly represent by their averments. It appears that companies are formed, called trading stamp companies, [1] which extend and facilitate the schemes, making a seller of merchandise their agent for the distribution of stamps to be redeemed by them or other merchants, the profit of all being secured through the retail purchaser who has been brought under the attraction of the system. ”

“ It is certain that the prices he pays make the efficiency of the system and the fund, if we may individualize it, out of which the cost of the instruments and agents of the system must be defrayed and the profit to all concerned paid. ”

“ It deprives complainants of their liberty and property without due process of law inasmuch as they cannot bestow a gift or give an order upon another merchant for a gift to a customer, which is the exercise of a natural right, without paying on onerous and excessive tax. ”

“ By reason of the system complainants have been enabled at a moderate cost to greatly increase their businesses and profits, and are benefited because their articles in the homes of their customers are a continual advertisement. ”

“ Complainants have upon their shelves large quantities of merchandise in which premium tokens are packed, which, upon their sale, entitle purchasers to other articles in the manner described, and in such packages are tobacco and tobacco products, and the use of the coupons and tickets as described is authorized and rendered lawful by § 3394 of the Revised Statutes of the United States and the amendments of that section in 1897 [30 Stat. at L. 206, chap. 11, § 10] and 1902 [32 Stat. at L. 715, chap. 1371, § 2, Comp. Stat. 1913, § 6204] . ”

“ St. Rep. 560, 19 N. E. 390: 'The police power is not subject to any definite limitations, but is coextensive with the necessities of the case and the safeguard of the public interests.'
In the view that the license is prohibitive we may concur, and concede that such is the effect given it by the supreme court of the state in State v. ”