Legal Opinion

Juniata Limestone Co. v. Fagley

Supreme Court of Pennsylvania

Decided July 21, 1898No. Appeal, No. 135PublishedCited by 15 opinions

Appeal, No. 135, Jan. T., 1898, by defendants, from decree of C. P. Equity Docket “B,” No. 288, on bill in equity. Bill in equity against the county commissioners to restrain them from collecting the tax imposed upon the employment of alien laborers under the act of June 15, 1897. The plaintiff in this suit is a limited partnership, organized and doing business in Blair county, Pennsylvania, under the laws of this state.

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Appeal, No. 135, Jan. T., 1898, by defendants, from decree of C. P. Equity Docket “B,” No. 288, on bill in equity. Bill in equity against the county commissioners to restrain them from collecting the tax imposed upon the employment of alien laborers under the act of June 15, 1897. The plaintiff in this suit is a limited partnership, organized and doing business in Blair county, Pennsylvania, under the laws of this state. Its business is quarrying limestone, and preparing it for the markets. The principal part of its labor is manual, performed by Austro-Hungarian aliens, many of whom are male,…

1Opinion of the Court

Opinion by

Mb,. Chief Justice Stebbett,

This appeal is from the decree of the court below wherein the Act of June 15, 1897, P. L. 166, entitled “ An act regulating the employment of foreign born, unnaturalized male persons,” etc., was adjudged unconstitutional, because it offends against the fourteenth amendment to the constitution of the United States, and also section 1 of article 9 of our own constitution. If the court was right in declaring the act unconstitutional on either ground, it necessarily follows that there was no error in awarding the injunction against the defendants, and the…

2Cases cited1 opinion

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897

3Cited by15 opinions

  1. Wright v. HirschSupreme Court of Georgia · 1923
  2. Ballester Ripoll v. Tribunal de Apelación de ContribucionesSupreme Court of Puerto Rico · 1943
  3. State v. Standard Oil Co.Oregon Supreme Court · 1912
  4. Commonwealth v. Alden Coal Co.Supreme Court of Pennsylvania · 1915
  5. In Re KottaCalifornia Supreme Court · 1921

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