Book Description

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. 1911 edition. Excerpt: ...case, and further briefs were submitted. On April 23, I909, Mr. justice Scott delivered the second and final opinion of the court." In this opini0I1 the court took an entirely new line of reasoning, to reach the mitted that the statute was not a prohibition upon the right to contract, but a mere abridgment of that right. The court acknowledged that the conditions surrounding the wage--eamer's attempts to borrow money were such as to warrant the exercise of the police power by the legislature in regulating those conditions. The opinion further upheld the contention that the statute was not "class legislation," the statement being made that a statute which was broad enough to include all wage-earners, and which includes none but wage-eamers, is an enumeration of persons composing a class upon which the right given by the statute might be conferred without violation of the constitution. And then, having admitted each of these contentions--apparently iii order to sustain in some way the position taken by the first opinion--the court found the statute to be unconstitutional on the ground that it makes reference to salary as well as wages. Because the classification was somewhat too broad, and might apply to persons not intended to be afiected, the court held the whole act to be invalid. same conclusion as that adopted in the first opinion. It was ad_ 48. The data upon vhich the discussion of Mamie 11. Cessna is based were obtained f tl b ' f ' ' ' supreme courtirom ie rie s and opinions on file with the clerk of the 49-239 Ill. 352. In considering that basis for the decision, it is to be noted that the appellee was admittedly a wage-earner employed by the Inter Ocean Newspaper Company, at a wage of about $20.00 per week....