Keokee Consolidated Coke Company v. Taylor Keokee Consolidated Coke Company v. Kelly

Decision Date08 June 1914
Docket Number373,No. 373,Nos. 372,No. 372,372,s. 372
Citation58 L.Ed. 1288,34 S.Ct. 856,234 U.S. 224
PartiesKEOKEE CONSOLIDATED COKE COMPANY, Plff. in Err., v. W. W. TAYLOR, Isaac Taylor, James Taylor, and S. T. Witt, Partners under the Firm Name of W. W. Taylor, Sons & Witt. KEOKEE CONSOLIDATED COKE COMPANY, Plff. in Err., v. J. P. KELLY, A. P. Hickam, and G. E. Woliver, Partners under the Firm Name of Kelly, Hickam Company
CourtU.S. Supreme Court

Messrs, J. T. Bullitt and R. T. Irvine for plaintiff in error.

[Argument of Counsel from page 225 intentionally omitted] Messrs. J. C. Noel and C. T. Duncan for defendants in error.

Mr. Justice Holmes delivered the opinion of the court:

These are actions of assumpsit brought by the defendants in error upon orders signed by employees of the plaintiff in error and addressed to it, directing it to pay to bearer 'in merchandise only from your store,' to the value specified. These orders were upon scrip issued by the plaintiff in error as an advance of monthly wages in payment for labor performed, and the only controversy between the parties arises from the refusal of the plaintiff in error to pay the indicated amounts in money. The facts were agreed, the circuit court gave judgment for the plaintiffs, and a writ of error was refused by the supreme court of appeals. The ground of the judgment was an act of February 13, 1888, amending and re-enacting an act of 1887, chap. 391, § 3, forbidding any person, firm, or corporation engaged in mining coal or ore, or manufacturing iron or steel or any other kind of manufacturing, to issue for the payment of labor any order unless the same purported to be redeemable for its face value in lawful money of the United States. The plaintiff in error saved its rights under the 14th Amendment, and, when the court of appeals refused to hear the cases, brought them here. The writ of error was allowed on September 25, 1912. Norfolk & S. Turnp. Co. v. Virginia, 225 U. S. 264, 269, 56 L. ed. 1082, 1086, 32 Sup. Ct. Rep. 828.

Of course we do not go behind the construction given to the state law by the state courts. The objections that are urged here are that the statute interferes with freedom of contract, and, more especially, that it is class legislation of a kind supposed to be inconsistent with the 14th Amendment; a West Virginia decision upon a similar statute being cited to that effect. State v. Goodwill, 33 W. Va. 179, 6 L.R.A. 621, 25 Am. St. Rep. 863, 10 S. E. 285. The former of these objections, however, is disposed of by Knoxville Iron Co. v. Harbison, 183 U. S. 13, 46 L. ed. 55, 22 Sup. Ct. Rep. 1, and Dayton Coal & I. Co. v. Barton,...

To continue reading

Request your trial
119 cases
  • Katzev v. County of Los Angeles
    • United States
    • California Court of Appeals Court of Appeals
    • February 25, 1959
    ...initial legislative judgment been for it to make.' 341 U.S. at pages 539-540, 71 S.Ct. at page 883. Keokee Consol. Coke Co. v. Taylor, 234 U.S. 224, 227, 34 S.Ct. 856, 857, 58 L.Ed. 1288: 'But while there are differences of opinion as to the degree and kind of discrimination permitted by th......
  • Jones v. Russell
    • United States
    • Kentucky Court of Appeals
    • May 8, 1928
    ... ... 251, 28 S.Ct. 89, 52 ... L.Ed. 195; Keokee Consol. Coke Co. v. Taylor, 234 ... U.S. 224, 34 ... ...
  • Miller v. Lamar Life Ins. Co.
    • United States
    • Mississippi Supreme Court
    • November 24, 1930
    ... ... against the Lamar Life Insurance Company, against the ... Mississippi Fire Insurance ... Barrett v. Ind., 229 U.S. 26; Keokee Coke Co. v ... Taylor, 234 U.S. 224; American ... ...
  • National Labor Relations Board v. Jones Laughlin Steel Corporation
    • United States
    • U.S. Supreme Court
    • April 12, 1937
    ...of legislative power. Carroll v. Greenwich Insurance Co., 199 U.S. 401, 411, 26 S.Ct. 66, 50 L.Ed. 246; Keokee Coke Co. v. Taylor, 234 U.S. 224, 227, 34 S.Ct. 856, 58 L.Ed. 1288; Miller v. Wilson, 236 U.S. 373, 384, 35 S.Ct. 342, 59 L.Ed. 628, L.R.A.1915F, 829; Sproles v. Binford, 286 U.S. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT