State v. Balch

• Decision Date: 09 December 1903
• Parties: STATE v. BALCH et al.
• Court: Missouri Supreme Court

77 S.W. 547

178 Mo. 392

STATE v. BALCH et al.

Supreme Court of Missouri, Division No. 2.

December 9, 1903.

CRIMINAL LAW—STATUTES—PAYMENT OF LABOR—NONNEGOTIABLE ORDER—INDICTMENT—SUFFICIENCY.

1. Laws 1895, p. 206, Rev. St. 1899, § 8142, makes it unlawful to issue for the payment of wages of labor any order, note, check, or evidence of indebtedness or other obligation, unless the same is negotiable and redeemable at its face value in lawful money by the one issuing it. Held, that a statement issued by an employer to a laborer, reciting the number of days he had worked, and the rate per day, and the amount due him, and that it was payable on a certain pay day, was not within the statute, it not being in payment, it being assignable, and there being nothing to indicate that it was not to be paid in lawful money.

2. An information, on a prosecution for a violation of the statute, which alleged the issuance of an order by defendant to a certain person, but did not allege that it was issued to him for labor performed for defendant, was insufficient.

3. Under Rev. St. 1899, §§ 2476-2478, as amended by Laws 1901, pp. 138, 139, providing that informations shall be signed by the prosecuting attorney and verified by his oath, or that of some one competent to testify as a witness in the case, or be supported by affidavit of such person, an information not verified in any manner as required by the statute is insufficient.

Appeal from Circuit Court, Osage County; Wm. A. Davidson, Judge.

H. F. Balch and others were convicted of a violation of Laws 1895, p. 206 et seq., and they appeal. Reversed.

Pope & Vaughan, for appellants. The Attorney General and Bruce Barnett, for the State.

GANTT, P. J.

At the December term of the Osage circuit court, 1902, and on the 4th day of said month the prosecuting attorney filed in said court the following information:

"In the Circuit Court, Osage County, Missouri, December Term, 1902.

"J. Wm. Vosholl, prosecuting attorney within and for the county of Osage, in the State of Missouri, under his oath of office and upon his best knowledge, information and belief, informs the court that on or about the 13th day of June, 1902, at the county of Osage, in the State of Missouri, the firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, did then and there wilfully and unlawfully issue, pay out and circulate for payment of wages of labor performed by one A. J. Richardson, to the said A. J. Richardson an order, check, note, memorandum, token, evidence of indebtedness and obligation, non-negotiable and not redeemable at its face value in lawful money of the United States.

"That said non-negotiable order, check, note, memorandum, token, evidence of indebtedness, and obligation is in words and figures as follows:

                  "`No. 330 on Maries River Works June 13th, 1902
                A. J. Richardson No. 92, has worked as laborer in the
                month of June 9-10 days at $1.50 per day, $135
                ....days' board at ........................ $
                ....days' board at ........................ $
                ....days' board at ........................ $
                ....other accounts ........................ $.......
                    Total to be deducted ...........................
                    Balance due ........................... $   1 35
                Why given    quit   M. Domigonuh, Foreman.
                Payable July pay day.
                            "`H. F. Balch & Co., Contractors,
                                                     "`F. L. B.'
                

"That said order, check, note, memorandum, token, evidence of indebtedness and obligation, so unlawfully issued, paid out, and circulated for payment of wages of labor performed by A. J. Richardson to the said A. J. Richardson, was non-negotiable, and not redeemable at its face value in lawful money of the United States, by the firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, who issued the same against the peace and dignity of the State.

"J. William Vosholl, Prosecuting Attorney within and for the county of Osage in the State of Missouri, under his oath of office and upon his best knowledge, information and belief, informs the court that on or about the 13th day of June, 1902, at the county of Osage and State of Missouri, the firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, did then and there issue and cause to be issued, pay out and circulate for payment of wages of labor performed by one A. J. Richardson, to the said A. J. Richardson, an order, note, check, memorandum, token, evidence of indebtedness and obligation which was non-negotiable.

"That said order, note, check, memorandum, token, evidence of indebtedness and obligation is in words and figures as follows:

                  "`No. 330 on Maries River Works, June 13th, 1902.
                A. J. Richardson No. 92 has worked as Laborer in
                the Month of June
                9-10 days' at 1.50 per day .............. $  1 35
                .....days' board at ..................... $......
                .....days' board at ..................... $......
                .....Other accounts ..................... $......
                     Totals to be deducted .............. $......
                     Balance due ........................ $  1 35
                Why given    quit   M. Domigonuh, Foreman.
                   Payable July pay day.
                           "`H. F. Balch & Co., Contractors,
                                                    "`F. L. B.'
                

"That said order, note, check, memorandum, token, evidence of indebtedness and obligation is endorsed on the back, `A. J. Richardson.' That on or about the first day of August, 1902, at said county of Osage in the State of Missouri, the said firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, did then and there wilfully, and unlawfully fail to be at all times during the business hours of the day, prepared to redeem and failed to redeem the above described order, check, note, memorandum, token, evidence of indebtedness and obligation, when presented at their place of business or office in Osage county, Missouri, at its face value in good and lawful money of the United States, as demanded by `L. Well,' who had become the owner of the same for value and was the holder although the said order, note, check memorandum, token, evidence of indebtedness, and obligation, was issued paid out and circulated, by the firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, in payment of wages of labor performed by A. J. Richardson to the said Richardson.

"That the said above set out note, order, check, memorandum, token, evidence of indebtedness, and obligation, so issued as aforesaid by the firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, for the payment of wages of labor performed by one A. J. Richardson to the said A. J. Richardson was on or about the first day of August, 1902, presented at the place of business and office in Osage county in the State of Missouri of the firm of H. F. Balch & Co. consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, during the business hours of the day for payment in good and lawful money of the United States at its face value and payment so demanded by L. Well who had become the owner of the same for value and said firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley and Fred K. Balch, unlawfully and wilfully did refuse and fail to pay in good and lawful money of the United States during the business hours of the day said order, note, check, memorandum, token, evidence of indebtedness or obligation when presented and payment demanded in good and lawful money of the United States by L. Well who had become the owner of the same for value and was the holder, contrary to the form of the statutes in such cases made and provided and against the peace and dignity of the State."

A motion to quash was duly entered by defendants at the June term, 1903, which said motion is in the following words:

"The defendants now come and move the court to quash the information filed herein against them, for the reason that the same does not charge any crime against them or either of them. And for the further reason that the said information is vague, indefinite, and uncertain in its terms, in this: That it does not charge at what day, or at what hour of the day, or between what hours of the day, the instrument set out in the information was presented for payment, or to whom presented, nor does the information charge in sufficient terms or with sufficient distinctness that the office or place of business of the defendants was in Osage county, or where the same was located or kept at. And for the further reason that the first count in the information upon its face shows that the defendants did not violate the provisions of article 3 of chapter 121 of the Revised Statutes of 1899 of this state, upon which the information is based. The order or writing set out in the information is not the kind of an order declared against by the statutes. And for the further reason that the information does not charge the defendants, or either of them, with violating the said article 3 of chapter 121 of the statutes aforesaid. And for the reason, further, that the said article 3 of chapter 121 of the Revised Statutes of 1899 of this state is in violation of the terms of section 10 of article 1 of the Constitution of the United States, which declares that no state shall pass any law impairing the obligations of contracts. And for the further reason that the said article, under the provisions of which this information is framed, is in violation of the Constitution of the state of Missouri and the Constitution of the United States, in this, to wit: (1) That all persons have a natural right to life, liberty, and the enjoyment of the gains of their own industry. (2) That no person shall be deprived of his life, liberty, or property without due process of law. (3) That they violate that part of the fourteenth amendment to the Constitution of the United States which declares, `nor shall...