Heim v. McCall
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OP THE STATE OP NEW YORK. Bill in equity to restrain the Public Service Commission' for the first district of the State of New York from declaring certain contracts for the construction of portions of the rapid subway system of the City of New York void and forfeited for violation of certain provisions inserted in the contracts in pursuance of § 14 of the Labor Law (so-called) of the State. Laws 1909, ch. 36, Consol.
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ERROR TO THE COURT OP APPEALS OP THE STATE OP NEW YORK. Bill in equity to restrain the Public Service Commission' for the first district of the State of New York from declaring certain contracts for the construction of portions of the rapid subway system of the City of New York void and forfeited for violation of certain provisions inserted in the contracts in pursuance of § 14 of the Labor Law (so-called) of the State. Laws 1909, ch. 36, Consol. Laws, ch. 31. It reads as follows: “Section 14. Preference in employment of persons upon public works. — In the construction of- public works by the…
1Opinion of the Court 1
After stating the case as above,
2Opinion of the Court · McKennaJustice McKenna
There seems to have been no question raised as to the right of Heim to maintain the suit, although he is not one of the contractors nor a laborer of the excluded nationality or citizenship. The Appellate Division felt that there might be objection to the right, under the holding of a cited case. The Court of Appeals, however, made no comment, and we must — certainly may — assume that Heim had a right of suit; and, so assuming, we pass to the merits.
The Supreme Court put its decision upon the power of the State “to provide what laborers shall be employed upon…
3Cases cited4 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Patsone v. PennsylvaniaSupreme Court of the United States · 1914
- Atkin v. KansasSupreme Court of the United States · 1903
- Ellis v. United StatesSupreme Court of the United States · 1907
4Cited by152 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Graham v. RichardsonSupreme Court of the United States · 1971
- Coleman v. MillerSupreme Court of the United States · 1939
- Perkins v. Lukens Steel Co.Supreme Court of the United States · 1940
- Adkins v. Children's Hospital of ColumbiaSupreme Court of the United States · 1923
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