Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 160

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 160

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...that a statute to be within the power must be responsive to some public necessity, suit able to subserve it, and reasonable in its operation upon the persons whom it affects. It is not claimed that the weekly payment of wages involves any question of public health, public safety, or public morals. The Attorney-General endeavors to justify the law upon two grounds: (1) The wage-earners are not upon an equal footing with employers, and opportunities for oppression and consequent.' public suffering ensue; and (2) _thrift being beneficial to the community, it should be encouraged by enabling workmen to pay cash for current demands, which can only be done by requiring frequent payment of wages. Assuming all these things to be true, they do not of themselves justify the arbitrary invasion of the personal rights and liberty of the citizen. Liberty to contract on one's own terms, to decide for himself his own employment, to buy and sell, to exchange one belonging for another, are among the most. valuable and cherished rights. As was said in State, ex rel., v. Ashbrook, 154 Mo. 375, 55 S. W. 627, 48 L. R. A. 265, 77 Am. St. 765: "In order to sustain legislation of the character of the act in question, as a police measure, the courts must be able to see that its object to some de gree tends toward the prevention of some offense or manifest evil, or has for its aim the preservation of the public health, morals, safety or welfare. ' Mere legislative assumption of the right to direct and indicate the channel and course into which the private energies of the citizens shall flow, or the attempt to abridge, or hamper, his right to pursue any lawful calling, or avocation, which he may choose, without unreasonable regulation more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236754514
  • 9781236754516