Municipal Corporations: Actions: Conditions Precedent

1914 Michigan law review  
Known as the Early Journal Content, this set of works include research articles, news, letters, and other writings published in more than 200 of the oldest leading academic journals. The works date from the mid--seventeenth to the early twentieth centuries. We encourage people to read and share the Early Journal Content openly and to tell others that this resource exists. People may post this content online or redistribute in any way for non--commercial purposes. Read more about Early Journal
more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT IMPORTANT DECISIONS RECENT IMPORTANT DECISIONS formed, the wages earned up to the time of discharge shall become immediately due and payable, and, if not paid within twenty-four hours after demand, the corporation shall be subject to penalty of five dollars a day. By virtue of this statute the plaintiff recovered $1.93 wages due him by defendant at the time he was discharged, and $95.00, the accumulated daily penalty of five dollars per day for delay in payment. Held that the statute did not deprive the corporation of its property without due process of law, or deny it the equal protection of the laws and the liberty of contract. Wynne v. Seaboard Air Line Ry. (S. iC. 1913) 79 S. E. 52I. The decision in this case was predicated on the constitutional right conferred on the Legislature to alter or repeal all charters of incorporation, CONST. 1895, Art 9, ? 2, and upon such foundation is supported by the weight of authority: St. Louis etc. R. R. Co. v. Paul, 173 U. S. 404; Lawrence v. Rutland R. R. Co. 80 Vt. 370; Sinking Fund Cases, 99 U. S. 700; Commissioners v. Holyoke Water Power Co., 104 Mass. 446; Greenwood v. Freight Co. IO5 U. S. 13; Sprinsg Valley Water Works v. Schottler, IIo U. S. 347. But see State v. Haun, 6I Kans. 146; State v. Goodwill, 33 W. Va. 179; Frorer et al. v. People, 141 Ill. I71; State v. Loomis, 115 Mo. 307; Godcharles v. Wigeman, I113 Pa. St. 431. The court also sustained its decision under the power of the state to legislate for the common good,-commonly called the police power: Chicago etc. Ry. Co. v. McGuire, 219 U. S. 549; Johnson v. Spartan Mills, 68 S. C. 339; Knoxville Iron Co. v. Harbison, 183 U. S. 13; Railway v. Mackey, 127 U. S. 205 . It is observed that the hardship attending the needy laborer by withholding his wages is far greater than the inconvenience to the corporation of departing from their custom or regulation in paying a just debt; and moreover, by such prompt payment, the laborer could use the money in seeking other employlment, thereby preventing him from becoming a burden to the state. Besides this the statute tends to prevent dissatisfaction among laborers, and hence, tends to prevent agitation and strikes among them, which is a matter of grave public policy. See contrary theory in Ritchie v. Illinlois, I55 Ill. 98. MUNICIPAL, CORPORATIONS-ACTIONS--CONDITIONS PRECEDENT.-A
doi:10.2307/1276051 fatcat:3m2las4dejdwfkrswowmxhjezq