State v. Peel Splint Coal Co.

• Decision Date: 06 October 1892
• Citation: 36 W.Va. 802
• Court: West Virginia Supreme Court
• Parties: State v. Peel Splint Coal Co.

36 W.Va. 802

State

v.Peel Splint Coal Co.

Supreme Court of Appeals of West Virginia.

Submitted June 20, 1892.

Decided October 6, 1892.

1. constitutional law"scrip" ACT laborers' wages "Screening" Act-Weighing and Measuring Coal.

On the 7th day of March, 1891, the legislature passed an act prohibiting any corporation, company, firm or person engaged in any trade or business, either directly or indirectly, to issue, sell, give or deliver to any person employed by such corporation, company, firm or person, in payment of wages due such laborer, or as advances for labor not due, any scrip, token, draft, check or other evidence of indebtedness payable or redeemable otherwise than in lawful money; and, if any such scrip, token, draft, check or other evidence of indebtedness be so issued, sold, given or delivered to such laborer, it shall be construed, taken and held in all courts and places to be a promise to pay the sum specified therein in lawful money by the corporation, company, firm or person issuing, selling, giving or delivering the same to the person named therein or to the holder thereof; and providing, further, that a violation of this section on the part of such corporation, etc., shall be a misdemeanor punishable by fine and imprisonment. And on the 9th day of March, 1891, the legislature passed another act for weighing and measuring coal at the place where mined, before the same is screened, which provided that all coal mined and paid for by weight shall be weighed in the car in which it is removed from the mine, before it is screened, and shall be paid for according to the weight so ascertained, at such price per ton as may be agreed on by such owner or operator and the miners who mined the same; and coal mined and paid for by measure shall be paid for according to the number of bushels marked upon each car in which it is removed from the mine, and before it is screened, and the price paid for each bushel so ascertained shall be such as may be agreed on as aforesaid; and provided, further, that a violation of the act by any corporation, etc., should be a misdemeanor punishable by fine aud imprisonment. Held, that neither of these acts is in violation of the constitution of this State, nor that of the United States, but that both acts, when applied to the facts of this case, are within the scope of legislative authority.

2. Con8tjkuotion of statutes.

The principles of constitutional and statutory construction laid down by this Court in Osburn v. Stealey, 5 W. Va. 85; Slack v. Jacob, 8 W. Va. 612; and State v. Workman, 35 W. Va. 367 (14 S. E. Rep. 9) approved and reaffirmed.

3. Indictment.

In this State the defendant can not be permitted to frame the indictment under which he is to be prosecuted for an alleged violation of law.

Knight & Coach, Mollohan $ McClintic and Brown, Jackson &; Knight for plaintiff in error' cited Bill of Rights sec.Y; Id. sec. 10; 38 W. Va. 179; Id. 148; Id. 188; 98 ISr. Y 114; Id. 106; 109 N. Y. 389; Id. 398; 113 Pa. St. 431; 117 111. 294; Id. 302; 85 Cal. 274: 28 K E. Rep. No. 22; Const. (U. S.) Am. 14; 129 II. S. 26, 28; 118 U. S. 394; 125 U. S. 181; 117 K Y. 20; Id. 1; Id. 15; 97 I11. 608; 13 Fed. Rep. 744; 48 Mich. 140-147; 13 Gray 239; 81 Ky.593; 1 Beach Corp. § 40; 56 Md. 79; Id. 240; Code (1891) c. 59, s.17; 12 Mo. App. 214; 127 M. S. 678; 114 Pa. St. 265; 107 II. S. 38; 21 W. Va. 334; Cool. Const. Lim.177-180; 2Yerg.554; 16 Pick. 121; 109 Mass. 315; 111 IJ. S. 746; 109 IT. S. 23; 94 II. S. 113; 3 Ala. (N. S.) 140; 113 Pa. St, 431 f 121 Iod. 366; 7 W. Va. 191; 21 W. Va. 534; 31 W. Va. 710; 95 IJ. S. 324.

St. Clair & Gaines for plaintiff in error cited 117 111. 294; Cool. Const. Lim. 481; 2 Yerg. 554; Const, Art. Ill, sec. 1; Const. (IT. S.) Am. 14.

Attorney-General Alfred Caldwell for the State cited Broom Leg. Max. 1; 2 Kent. Com. 338; 4 Blacks. Corn. 162; B. 2, ch. 6; 27 Vt. 149; 11 Pet. 102; 46 Me. 189; 113 IT. S. 27, 31; 123 U. S. 623; Cool. Const. Lim. 221; 55 Md. 74, 80; 94 U. S. 113; Cool. Const. Lim. (6th Ed.) 741; Id. 725; 137 U. S. 624; Id. 80, 90, 91: 16 Wall. 36; 121 hid. 366; 104 N. C. 714; 29 Am. & Eng. Corp. Cas. 517; 1 Wash. 156; 42 La. Ann. 1166; 49 Ark. 291; 25 W. Va. 1; 3 II. VIII ch. 9; 17 Neb. 140; 32 Minn. 324; The Rep. Vol. 23, p. 433; Id. Vol. 24, No. 8; Id, No. 16; 83 Mo. 123; Id. 421; 106 N. Y. 293; 108 Ind. 365; 102 Ind. 528; 81 Mo. 421; 60 la. 134: 132 Mass. 542; 67 Ind. 45; 2 McC. 495; 14 Wend. 87; 63 Ind. 552; 70 111. 191; 110 I11. 590; Dill. Mun. Corp. (3d Ed.) § 141; Horr. & Ben. Man. Pol. Ord. § 211; Pott, Dwar. Stat, & Con. ch. 14; 97 IT. S. 25; 111 IT. S. 746-751; 127 U. S. 678; 123 IT. S. 663; 118 IT. S. 356; 113 IT. S. 27; Id. 703; 116 IT. S. 252; 118 U. S. 455; 97 IT. S. 25; Id. 501; 16 Wall. 36; 18 Wall, 129; 16 Wall. 130; 94 IT. S. 113; 25 Gratt. 11; 101 Ind. 564; Cool. Const, Lim. (5th Ed.) 197; Id. 201; People c, West 106 K Y.; 113 Pa. St. 431; 110 111. 590; 98 N. Y. 98; 99 N. Y. 377; 114 Pa, St. 265; Tiedm. Lim. Pol. Pow. §§ 89, 102, 140d., 178; 8 W. Va 612.

J H. Ferguson and C. C. Walts, assistant counsel for the State, cited' 113 U. S. 27, 30-32; Id. 703, 708, 709; 129 U. S. 26; 94 IT. S. 113; 35 & 36 V. ch. 76; 6 Ency. Brit, 71; 113 Pa. St. 431; 127 IT. S. 678; Id. 210; 117 III. 294; Const. Art. X. sec. 1; 97 111. 593; 27 Vt. 140; 64 K II. 594; 2 Mete. (Ky.) 3; 44 Mich. 280; 8 Leigh. 514, 519; 16 Ohio 348, 354, 355; 2 Ohio St. 153; 14 Eney. Brit. 172, 173; 70 111. 191; Cool. Const. Lim. (2d Ed.) 572; 12 Mo. App. 214; 5 How. (IT. S.) 583; 94 U.S. 125; 113 II. S. 27; 129 IT. S. 26; 2 Rev. Code (1819) 134; Id. 185, 213, 214; Code (1849) c. 87, s. 3; 2 Rob. 241; Acts (Md.) 1880, c. 273; Acts (Ind.) 1887, e. 12; 121 Ind. 366.

Lucas, President:

These cases come before us on judgments of the Circuit Court of Kanawha county pronounced in them in June, 1891, wherein the Peel Splint Coal Company was defendant, and the State of West Virginia was proseutor, upon indictments under chapters 76 and 82 respectively of the Acts of the Legislature of 1891. Those acts are as follows:

"An act in relation to the payment of laborer's wages in anything other than lawful money, and in relation to the rates of goods and supplies to laborers by their employers at excessive prices. (Passed March 7, 1891.)

"Be it enacted by the legislature of West Virginia:

"(1) It shall be unlawful for any corporation, company, firm, or person engaged in any trade or business, either' directly or indirectly, to issue, sell, give, or deliver, to any person employed by such corporation, company, firm, or person, in payment of wages due such laborer, or as advances for labor not due, any serip, token, draft, check, or other evidence of indebtedness, payable or redeemable otherwise than in lawful money; and, if any such scrip, token, draft, check, or other evidence of indebtedness, be so issued, sold, given, or delivered to such laborer, it shall be construed, taken, and held in all courts and places to be a promise to pay the sum specified therein in lawful money by the corporation, company, firm, or person issuing, selling, giving or delivering the same to the person named therein, or to the holder thereof. And the corporation, company, firm, or person so issuing, selling, giving, or delivering the same shall, moreover, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty five dollars, nor more than one hundred .

dollars, and, at the discretion of the court, the officer or agent of the corporation, company, or firm, or the person issuing, selling, giving, or delivering the same, may be imprisoned not less than ten, nor more than thirty, days.

"(2) If any corporation, company, firm, or person shall Coerce or compel, or attempt to coerce or compel, an employe in its, their, or his employment, to purchase goods or supplies in payment of wages due him, or to become due him or otherwise, from any corporation, company, firm, or person, such first-named corporation, company, firm, or person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section. And if any such corporation, company, firm, or person shall, directly or indirectly, sell to any such employe, in payment of wages due or to become due him, or otherwise, goods or supplies at prices higher than the reasonable or current market value thereof at cash, such corporation, company, firm, or person shall be liable to such employe, in a civil action, in double the amount of the charges made and paid for such goods or supplies, in excess of the reasonable or correct value in cash thereof.

"(3) It shall be the duty of every court, having jurisdiction in criminal cases in which grand juries are empanneled to give this act in charge to the grand jury."

"An act providing for weighing and measuring coal at the place where mined, before the same is screened. (Passed March 9, 1891.)

"Be it enacted by the legislature of West Virginia:

"(1) It shall be the duty of every corporation, company, or person engaged in the business of mining and selling coal by weight or measure to procure and constantly keep on hand, at the proper place, the necessary scales and measures, and whatever else may be necessary, to correctly weigh and measure the coal as mined by such corporation, company, or person; and' it shall be the duty of the sealer of weights and measures, for every county in which coal is so mined and sold, to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of such coal mine, or any two or more of the miners working therein, may in writing require his attendance at the place where such scales and measures are kept at other times, in order to test the correctness thereof, and it shall be his duty to comply with such request as soon as he can after receiving such request. If his attendance is...