People v. Porto Rico Telephone Co.

40 P.R. 543
CourtSupreme Court of Puerto Rico
DecidedFebruary 12, 1930
DocketNo. 3928
StatusPublished

This text of 40 P.R. 543 (People v. Porto Rico Telephone Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Porto Rico Telephone Co., 40 P.R. 543 (prsupreme 1930).

Opinions

Mr. Justice Texidor

delivered the opinion of the court.

The information in the present case reads as follows:

The prosecuting attorney charges the corporation The Porto Rico Telephone Company with the crime defined by section 6 and penalized by section 8 of the Act entitled ‘An Act Relative to Labor Contracts' enacted by the Legislature of Porto Rico on March 31, 1919, a misdemeanor committed in the following manner:

“That on one of the days of the month of February, 1928, in San Juan, which forms a part of the judicial district of the same name, the defendant corporation, The Porto Rico Telephone Company, then and there availed itself of the labor of Angel Irizarry in consideration of the payment to him of semi-monthly wages and, without having made any advance to him, it deducted the sum of two dollars and eighty cents from the semi-monthly wages earned by him, to be paid to other persons.

“This fact is contrary to the law for such case provided and to the peace and dignity of The People of Porto Rico.”

The defendant filed a demurrer based on two grounds. The court overruled the demurrer and, after a trial, found [545]*545the defendant guilty of a violation of section 6 of Act No. 91 of 1919 (Acts of 1917 (3), p. 11), relative to labor contracts, and sentenced it to pay a fine of $25. The defendant has appealed from that judgment.

In the brief on appeal several errors are assigned, which we will consider in their order.

The first assignment reads:

“1. The district court erred in overruling the demurrer to the information interposed by the defendant-appellant.”

The first ground of demurrer was that the information-does not state facts sufficient to constitute a public offense.

The appellant maintains:

(a) That no labor contract has been alleged. ' 1

(b) That it has not been alleged that Irizarry was a workman in the employ of the defendant.

The argument on this error might be answered with the words of the district judge, in deciding the demurrer:

“The information states: ‘That the defendant availed itself of the labor of Angel Irizarry in consideration of the payment to him of semi-monthly wages and, without having made any advance to him, it deducted from his semi-monthly wages a certain sum of money.’ These allegations clearly, specifically and sufficiently set forth the contractual relation between Irizarry and the defendant, namely, that of workman and employer; also the fact that no advance had been made to him by the latter, and that part of his wages had been deducted by his employer. This is sufficient. ...”

The undertaking (prestación) to perform services for the benefit of another, and the corresponding undertaking by the latter to pay wages therefor, are the essential elements in this kind of contracts. The laborer works, and the performance of his services furnishes consideration for the undertaking on the part of the employer to pay him wages, which undertaking is in turn the consideration that induces the laborer to work. The relation is clearly contractual and can not be otherwise. It involves correlative undertakings, which give rise to mutual rights and obligations. And as these are [546]*546regulated by law, there is no doubt that the resulting relation created by the parties falls within the field of contracts.

It is not necessary that the information should directly aver that “this or that contract existed.” It is sufficient if — as was done in the present case — such a contract is necessarily shown by the facts set forth. It is neither the title of the cause nor the use of particular words that give life to the information. In all jurisdictions it is the avowed aspiration to prevent an exaggerated formulism from becoming a protective shield for the transgressor of the law.

The information in the case at bar follows substantially the form used in the case of People v. P. R. American Tobacco Co., 30 P.R.R. 739, which was heard on appeal in this court. “We do not mean to say, of course, that the form in question .must be used exclusively, but only that it is correct, as it contains the necessary elements for charging an offense.

The appellant argues that it is not stated in the information that Irizarry was a workman in the employ of the defendant. But as it was alleged that the defendant availed itself of the work of Irizarry and paid him wages, we do not perceive the necessity for using precisely the word “workman,” since the fact of the employment is clearly deduced from the averments made.

As to the second ground, it is urged with a great array of precedents that the law is unconstitutional and void as in conflict with the provisions of section 34 of the Organic Act of Porto Rico; and it is maintained that Act No. 91, under which this prosecution has been instituted, is unconstitutional as to that portion thereof which prescribes a penalty, of which no mention is made in the title.

We think that the most authoritative pronouncements on this point are to be found in the decisions cited in the brief of the appellee herein. They are: Carter County v. Sinton, 120 U. S. 517; Jonesboro City v. Cairo & St. Louis Railroad, 110 U. S. 192, and Louisiana v. Pilsbury, 105 U. S. 278. In the last of these cases (p. 289) the following declarations were [547]*547made with. reference to the constitutional provision in force in many States of the Union, requiring that hills should embrace only one subject, which shall be expressed in its title:

"Its object is to prevent the practice, common in all legislative bodies where no such provision exists, of embracing in the same bill incongruous matters, having no relation to each other, or to be subject specified in the title, by which measures are often adopted without attracting attention, which, if noticed, would have been resisted and defeated. It thus 'serves to prevent surprise in legislation. But it was not intended to forbid the union of several different provisions in the same bill, if they are germane to the general subject indicated by its title.”

■ Among our own decisions are found Rodríguez v. Porto Rico Railway, Light & Power Co., 30 P.R.R. 869, and Roig v. Gallardo, 39 P.R.R. 728. In the latter case citation is made of the decisions in People v. Arrocho, 34 P.R.R. 809, and Trigo et al. v. Banco Territorial, 36 P.R.R. 245.

In Rodríguez v. Porto Rico Railway, Light & Power Co., supra, the court said (p. 870):

"This title likewise clearly describes the purpose. The object of the act is to amend sections of law supposed to be in existence, and the body of the act does not purport to cover anything else but the said sections amended. We do not find in the eases cited by the appellee any decision which shows that any act is unconstitutional or void by reason of any similar title.

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Related

Louisiana v. Pilsbury
105 U.S. 278 (Supreme Court, 1882)
Jonesboro City v. Cairo & St. Louis Railroad
110 U.S. 192 (Supreme Court, 1884)
Carter County v. Sinton
120 U.S. 517 (Supreme Court, 1887)
Louisville & Nashville Railroad v. Mottley
219 U.S. 467 (Supreme Court, 1911)
The Pocket Veto Case
279 U.S. 655 (Supreme Court, 1929)
Lyons v. Police Pension Board of Chicago
99 N.E. 337 (Illinois Supreme Court, 1912)

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40 P.R. 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-porto-rico-telephone-co-prsupreme-1930.