Lawrence v. Rutland Railroad

67 A. 1091, 80 Vt. 370, 1907 Vt. LEXIS 115
CourtSupreme Court of Vermont
DecidedNovember 16, 1907
StatusPublished
Cited by14 cases

This text of 67 A. 1091 (Lawrence v. Rutland Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence v. Rutland Railroad, 67 A. 1091, 80 Vt. 370, 1907 Vt. LEXIS 115 (Vt. 1907).

Opinion

Rowell, C. J.

The question is whether the weekly payment act of December 10, 1906, is constitutional. It provides that a mining, quarrying, manufacturing, mercantile, telegraph, telephone, railroad or other transportation corporation, and an incorporated express, water, electric light or power company, doing and transacting business in this State, shall pay each week, in lawful money, each employee engaged in the business, the wages earned by such employee to a day not more than six days prior to the date of such payment; provided, that if at any time of payment an employee is absent from his regular place of labor, he shall be entitled to such payment on demand.

It further provides that no such corporation shall pay its employees in script, vouchers, due-bills, nor store orders, except it be a co-operative corporation in which the employee is a stockholder, but shall on request of such shareholding employee, pay him as provided in the act.

It further provides that no assignment of future wages payable thereunder shall be valid, if made to the corporation from which such wages are to become due, or to anyone in its behalf, or if made or procured to be made to any one for the pur[377]*377pose of relieving such corporation from the obligation to pay according to the act; and that no corporation shall require an agreement from an employee to accgpt wages at any other period as a condition of employment.

Thé act penalizes each failure to pay as therein required, and this action is brought to recover a penalty for one such failure. As the case is presented, the defendant does not question its liability if bound by the act.

The defendant’s charter, granted in 1867, provides that it “shall be subject to the action of--any future Legislature to amend, alter, or repeal as the public good may require.” Before and at the time of this grant, the general law was, ever since has been, and still is, to the same effect as to all acts creating, continuing, altering, or renewing a corporation or body politic.

The plaintiff claims that as to changing the defendant’s charter, the act in question does not go beyond the scope of the power therein reserved for that purpose; nor beyond the general law in that behalf, which, being in force when the charter was granted and still in force, must be read into it as a part of it; and besides, that the act is a proper exercise of the police power of the State. The defendant denies this, and contends that the act contravenes both the Federal Constitution and the State Constitution; the'Federal Constitution, because it deprives the defendant of liberty and property without due process of law, and denies to it the equal protection of the laws; the State Constitution, because it contravenes the declaration of the Bill of Rights that “all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending of life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety”; and also because, it contravenes the further declaration of the Bill of Rights that “every member of society hath a right to be protected in the enjoyment of life, liberty, and property.”

The questions arising under the Federal Constitution will be first considered, for their determination will largely dispose of those arising under the State Constitution. It is needless to say that on the Federal questions, the decisions of the Federal Supreme Court are controlling, so we shall not go much [378]*378outside of them. And it may be said in limine that they settle that a corporation is a person, within the’ meaning of the due-process clause and the equality clause of the Fourteenth Amendment; and that a corporate charter is a contract between the State and the corporators, and protected by the Federal Constitution, like any other contract, from legislation impairing its obligation.

To show that the act in question is within the power to amend reserved in the defendant’s charter and in the general law, the plaintiff relies largely on St. Louis, Iron Mountain & Southern Railway Co. v. Paul, 173 U. S. 404, which was error to the Supreme Court of Arkansas, and involved the constitutionality of a statute of that State providing, that when any railroad company, or any company, corporation, or person engaged in the business of operating or constructing any railroad or railroad bridge, or any contractor or sub-contractor engaged in the construction of any such road or bridge, discharged, with or without cause, or refused further to employ, any servant or employee, the unpaid wages of such servant or employee then earned at the contract rate, without abatement or deduction, should be and become due and payable on the day of such discharge or refusal, and if not paid on such day, then, as a penalty for non-payment, the wages should continue at the same rate until paid, but not more than sixty days, unless an action was brought therefor within that time. The action was to recover both wages and penalty.

The Constitution of that State provided that corporations might be formed under general. laws, which might be altered or repealed from time to time; that the general assembly should have power to alter, revoke, or annul any charter of incorporation then existing and revocable, or any that might thereafter be created, whenever, in its opinion, it might be injurious to the citizens of the State; in such manner, however, that no injustice should be done to the corporators.

The Federal Supreme Court affirmed the judgment below, which sustained the statute as within this reserved power of amendment, as far as it affected corporations, and as not violative of the Fourteenth Amendment nor of the Constitution of the State, which is substantially like the declarations of our Bill of Rights relied upon — following the case of Leap against [379]*379the same defendant, 58 Ark. 407, in which the statute was held unconstitutional as to subjects of contract purely and exclusively private, unaffected by any public interest or duty to person, society, or government, and the parties are capable of contracting; as to which, it was said, no condition can exist warranting legislative interference for the purpose of prohibiting the contract or controlling its terms.

It was contended above in the Paul Case, that as to railroad corporations organized before its passage, the act was void because it violated the Fourteenth Amendment. But the Court said that corporations are creatures of the State, endowed with such faculties as the state bestows, and subject to such conditions as the state imposes, and if the power to modify their charters is reserved, the reservation is a part of the contract, and no change within the legitimate exercise of the power can be said to impair its obligation; and that as the amendment then in question rested on reasons deduced from the peculiar character of the business of the corporations affected, and the nature of their functions, and applied to all alike, the equal protection of the laws was not denied.

The further question was, whether the amendment should have been held unauthorized because amounting to a deprivation of property forbidden by the Federal Constitution.

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Bluebook (online)
67 A. 1091, 80 Vt. 370, 1907 Vt. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-rutland-railroad-vt-1907.