Clarence Crane v. People of the State of New York

Citation239 U.S. 195,36 S.Ct. 85,60 L.Ed. 218
Decision Date29 November 1915
Docket NumberNo. 388,388
PartiesCLARENCE A. CRANE, Plff. in Err., v. PEOPLE OF THE STATE OF NEW YORK
CourtUnited 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.

Mr. Justice McKenna delivered the opinion of the court:

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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67 cases
  • Krzewinski v. Kugler, Civ. A. No. 1011-71.
    • United States
    • U.S. District Court — District of New Jersey
    • February 4, 1972
    ...residents. But this theory, as best expressed in People v. Crane, 214 N.Y. 154, 108 N.E. 427, aff'd sub nom. Crane v. New York, 239 U.S. 195, 36 S.Ct. 85, 60 L.Ed. 218 (1915), was sharply rejected by the Supreme Court in Shapiro v. Thompson, supra. Municipalities may not tie economic benefi......
  • Graham v. Richardson Sailer v. Leger
    • United States
    • U.S. Supreme Court
    • June 14, 1971
    ... ... GRAHAM, Commissioner, Department of Public Welfare, State of Arizona, Appellant, ... Carmen RICHARDSON, Etc ... , or of the common property or resources of the people of the state, the enjoyment of which may be limited to its ... And in Crane v. New York, 239 U.S ... Page 373 ... 195, 36 S.Ct ... ...
  • Examining Board of Engineers, Architects and Surveyors v. Flores De Otero
    • United States
    • U.S. Supreme Court
    • June 17, 1976
    ...view of the powers of a State to discriminate against noncitizens with respect to public employment, compare Crane v. New York, 239 U.S. 195, 36 S.Ct. 85, 60 L.Ed. 218 (1915), aff'g People v. Crane, 214 N.Y. 154, 108 N.E. 427, and Heim v. McCall, 239 U.S. 175, 36 S.Ct. 78, 60 L.Ed. 206 (191......
  • Sugarman v. Dougall 8212 1222
    • United States
    • U.S. Supreme Court
    • June 25, 1973
    ...to do with the formulation and exeuction of state policy. Understandably relying on this Court's decisions in Crane v. New York, 239 U.S. 195, 36 S.Ct. 85, 60 L.Ed. 218 (1915), Heim v. McCall, 239 U.S. 175, 36 S.Ct. 78, 60 L.Ed. 206 (1915), and Ohio ex rel. Clarke v. Deckebach, 274 U.S. 392......
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3 books & journal articles
  • The Equal Protection Clause
    • United States
    • The Path of Constitutional Law Part IV: The Final Cause Of Constitutional Law Sub-Part Three: Civil War Amendments And Due Process Generally
    • January 1, 2007
    ...J., dissenting). [313] Patsone v. Pennsylvania, 232 U.S. 138 (1914); McCready v. Virginia, 94 U.S. 391 (1877). [314] Crane v. New York, 239 U.S. 195 [315] Terrace v. Thompson, 263 U.S. 197 (1923); Hauenstein v. Lynham, 100 U.S. 483 (1880). [316] 118 U.S. 356 (1896). [317] 239 U.S. 33 (1915)......
  • Table of Cases
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    • The Path of Constitutional Law Suplemmentary Materials
    • January 1, 2007
    ...aff'd, 312 F.3d 220 (6th Cir. 2002), 1225 Crandall v. Nevada, 73 U.S. (6 Wall.) 35, 18 L.Ed. 745 (1868), 870, 1523-24 Crane v. New York, 239 U.S. 195, 36 S.Ct. 85, 60 L.Ed. 218 (1915), 1155 Crawford v. Board of Educ. of City of Los Angeles, 458 U.S. 527, 102 S.Ct. 3211, 73 L.Ed.2d 948 (1982......
  • Card check labor certification: lessons from New York.
    • United States
    • Albany Law Review Vol. 74 No. 1, September 2010
    • September 22, 2010
    ...challenges to the statutorily mandated discriminatory practice were rejected. Heim v. McCall, 239 U.S. 175, 194 (1915); Crane v. New York, 239 U.S. 195, 198 (14) See, e.g., Civil Serv. Technical Guild v. LaGuardia, 44 N.Y.S.2d 860 (Sup. Ct. N.Y. Cnty. 1943), aff'd, 47 N.Y.S.2d 114 (App. Div......

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