Clarence Crane v. People of the State of New York
Citation | 239 U.S. 195,36 S.Ct. 85,60 L.Ed. 218 |
Decision Date | 29 November 1915 |
Docket Number | No. 388,388 |
Parties | CLARENCE A. CRANE, Plff. in Err., v. PEOPLE OF THE STATE OF NEW YORK |
Court | United States Supreme Court |
Messrs. Thomas F. Conway and James F. McKinney for plaintiff in error.
[Argument of Counsel from pages 195-197 intentionally omitted] Messrs. Robert S. Johnstone, George Z. Medalie, and Charles Albert Perkins for defendant in error.
This case was argued and submitted with No. 386, just decided [239 U. S. 175, 60 L. ed. ——, 36 Sup. Ct. Rep. 78]. It involves the criminal feature of § 14 of the labor law of the state, which was the subject of the opinion in No. 386. It provided that a violation of the section should constitute a misdemeanor and be punished by fine or imprisonment, or by both.
The case was commenced by information which accused Crane, plaintiff in error, while engaged as a contractor with the city in the construction of a public work of such city, by virtue of a contract entered into with the city, of having employed three persons not then citizens of the United States.
The public work was the construction of catch or sewer basins.
The defense was the unconstitutionality of the law, and that it was in violation of the treaties of the United States with foreign countries.
The treaties were put in evidence over the objection of the prosecuting officer, and a motion was made to dismiss the information on the grounds above stated. The motion was denied, and plaintiff in error found guilty and sentenced to pay a fine of $50, or, in default thereof, to be committed to the city prison for the term of ten days.
The case was then appealed to the appellate division of the supreme court, and there heard with Heim v. McCall (No. 386 [239 U. S. 175, 60 L. ed. ——, 36 Sup. Ct. Rep. 78]).
The judgment was reversed. This action was not sustained by the court of appeals. In that court and in the appellate division the cases were heard together and decided by the same opinions, they being rendered in the present case and the judgment of the trial court (special term) affirmed.
It appeared from the testimony that one of the laborers employed was a subject of the King of Italy (the nationality of the others was not shown), and a treaty between the United States and that country, signed February 25, 1913 [38 Stat. at L. 1669], was received in evidence over the objection of the district attorney on the ground that 'none of the...
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