State v. Packard

250 P.2d 561, 122 Utah 369, 1952 Utah LEXIS 212, 31 L.R.R.M. (BNA) 2122
CourtUtah Supreme Court
DecidedNovember 17, 1952
Docket7773
StatusPublished
Cited by58 cases

This text of 250 P.2d 561 (State v. Packard) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Packard, 250 P.2d 561, 122 Utah 369, 1952 Utah LEXIS 212, 31 L.R.R.M. (BNA) 2122 (Utah 1952).

Opinions

CROCKETT, Justice.

Russell Packard was convicted of an offense described as: “Failure to register with the Industrial Commission before commencing employment”, he having started to work for the Utah Wholesale Grocers Company at a time when its employees were out on strike. The conviction was appealed to the district court, which dismissed the proceeding upon the ground that the statutes requiring such registration are unconstitutional. That ruling is before us for review.

The sections under attack are 49-1-29 to 32, U. C. A. 1943; the one with which we are chiefly concerned being Sec. 29, which provides as follows:

“It is the duty of every person before commencing employment with any person, firm or corporation whose employees are out on labor strike called by a national recognized union to register with the industrial commission of Utah.” (Emphasis added.)

Other sections provide that the registrant shall give his name, residence, and the time, place, nature of the work and for whom it is to be performed, which record must be open for public inspection.

Defendant contends, inter alia, that the statute above quoted is invalid because:

1. It is vague and uncertain; and

[372]*3722. It is unreasonably discriminatory.

The first reason advanced as to vagueness is the suggestion that the words “commencing employment” may be interpreted to apply not only to new employees but also to persons previously employed but who merely went back to work or continued in employment, and thus, in a sense, “commencing” to work after a strike has been called. This seems to be a strained attempt to import vagueness into a context which is clear and understandable. The word commence means “begin” — “perform the first act of” — “take the first step” — or “to start”, 7 Words and Phrases, p. 726. In the context of the statute the term “commencing” seems neither vague nor ambiguous. It has a fixed. meaning which is commonly understood. It would apply only to persons commencing employment anew, that is, for the first time, while the strike is in progress and would not apply to former employees who merely returned to work and thus continued, in employment.

As to the phrase “called by a national recognized union”, the problem with respect to vagueness is considerably different. Without the words just quoted, this law would have required all persons to register before commencing employment at any plant whose employees were out on any strike. In this form, it passed the Senate but was amended from the floor of the House by the insertion of the quoted phrase, which amendment was later concurred in by the Senate. Restricting the application of the statute to strikes “called by a national recognized union” which would exclude strikes by “other unions” effected a substantially different meaning than the original one.

As so amended, this statute is unique in this state, insofar as we have been able to find, and therefore there appears to be no judicial precedent to assist in an analysis thereof except that of our own district courts. It was first enacted in 1937, S. L. U. 1937, Ch. 53. In connection with a prosecution brought under it, State v. Tanner, District Court [373]*373Crim. Case #10,694, Honorable Herbert M. Schiller, then district judge, in 1938 declared the statute unconstitutional. In a written decision, which was included as a part of the record in this case, he made an able and somewhat comprehensive analysis of the statute, for which we are indebted to him. From aught that appears, this statute was thereafter regarded as unconstitutional and void, no further use being made of it until the initiation of this prosecution in March of 1951. Upon submission of the question again to the district court, Honorable Joseph G. Jeppson, in accordance with the prior action of judge Schiller, also ruled it unconstitutional. It is not suggested that the aforementioned rulings are binding upon this court, but reference is made to the correctness and uniformity of their decisions upon the statute in question, and with which we are in accord.

It is recognized that statutes should not be declared unconstitutional if there is any reasonable basis upon which they may be sustained as falling within the constitutional framework. Newcomb v. Ogden City, etc., 121 Utah 503, 243 P. 2d 941; State Board of Education v. Commission of Finance, 122 Utah 164, 247 P. 2d 435, and that a statute will not be held void for uncertainty if any sort of sensible, practical effect may be given it. Norville v. State Tax Comm., 98 Utah 170, 97 P. 2d 937, 126 A. L. R. 1318; State v. Packer Corp., 77 Utah 500, 297 P. 1013; see also State v. Packer Corp., 78 Utah 177, 2 P. 2d 114, Packer Corp. v. State, 285 U. S. 105, 52 S. Ct. 273, 76 L. Ed. 643.

The statute under consideration would curtail one of the basic freedoms vouched safe by our state constitution. The founders of our commonwealth, realizing that in our complex society, it is impossible for each man to establish and operate his own enterprise for earning a livelihood, so that [374]*374the majority must of necessity work for others, provided in Article XII, Sec. 19 of the Utah State Constitution:

“Every person in this State shall be free to obtain employment whenever possible, * * *”

and declared any malicious interference therewith to be prohibited. This freedom to work complements and makes more meaningful the other rights guaranteed as part of our constitutional liberties. Admittedly, the right is not absolute. It may be limited by reasonable regulations correlated with the general welfare. For example, the qualifications prerequisite to engaging in the professions, trades and many occupations; the regulation of hours, wages, safety and other controls necessary for the common good. But even for such proper purpose, great caution must be observed in permitting encroachments upon basic rights, assured by the constitution, and such restriction can be effected only in accordance with constitutional prerogatives and where clearly expressed standards are set up.

This court a number of times has applied the principle which is well stated in the case of Connolly v. General Construction Co., 269 U. S. 385, 46 S. Ct. 126, 127, 70 L. Ed. 322,

“* * * a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law. * * *”

In the City of Price v. Jaynes, 113 Utah 89, 191 P. 2d 606, 607, a city ordinance which provided that

“the right * * * to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated”

was held so vague and uncertain that it did not define a crime; State v. Musser, 118 Utah 537, 223 P. 2d 193, 194; Musser v. State, 333 U. S. 95, 68 S. Ct. 397, 92 L. Ed.

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Bluebook (online)
250 P.2d 561, 122 Utah 369, 1952 Utah LEXIS 212, 31 L.R.R.M. (BNA) 2122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-packard-utah-1952.