by John Marshall Harlan

“ The Court finds in the operation of these requirements, however, an invidious classification between the 'rich' and the 'poor.' But no economic burden attendant upon the exercise of a privilege bears equally upon all, and in other circumstances the resulting differentiation is not treated as an invidious classification by the State, even though discrimination against 'indigents' by name would be unconstitutional. ”

“ The record contains nothing more definite than the allegation that 'petitioners are poor persons with no means of paying the necessary fees to acquire the Transcript and Court Records needed to prosecute an appeal from their convictions.' For my part I cannot tell whether petitioners' claim is that a transcript was 'needed' because (a) under Illinois law a transcript is a prerequisite to appellate review of trial errors, [1] or (b) as a factual matter petitioners could not prepare an adequate bill of exceptions short of having a transcript. ”

“ It is argued finally that, even if it cannot be said to be 'arbitrary,' the failure of Illinois to provide petitioners with the means of exercising the right of appeal that others are able to exercise is simply so 'unfair' as to be a denial of due process. ”

“ Viewed in the light of these cases, the only constitutional question presented by petitioners' bare allegation that they were unable to purchase a transcript would be: Is an indigent defendant, who has not shown that he is unable to obtain full appellate review of his conviction by a narrative bill of exceptions, constitutionally entitled to the added advantage of a free transcript of the trial proceedings for use as a bill of exceptions? ”

“ That is, the issue here is not the typical equal protection question of the reasonableness of a 'classification' on the basis of which the State has imposed legal disabilities, but rather the reasonableness of the State's failure to remove natural disabilities. ”

“ People ex rel. Hall v. Holdom, 1901, 193 Ill. 319, 61 N.E. 1014; 162 East Ohio Street Hotel Corp. v. Lindheimer, 1938, 368 Ill. 294, 13 N.E.2d 970; Weber v. Sneeringer, 1928, 247 Ill.App. 294; Merkle v. Kegerreis, 1953, 350 Ill.App. 103, 112 N.E.2d 175; see also People ex rel. North American Restaurant v. ”