Cunningham v. Northwestern Improvement Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Harry E. Cunningham, as state auditor of the state of Montana, against the Northwestern Improvement Company. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Harry E. Cunningham, as state auditor of the state of Montana, against the Northwestern Improvement Company. Judgment for plaintiff, and defendant appeals. Is the Act in question one within the “police power” of the state ? Generally speaking, the police power vested in the state may be exercised for any one of the following purposes: (a) The regulation of the sale of food products, the sale of liquors and generally of articles intended for personal consumption or use; (b) regulations for the prevention of…
1Opinion of the CourtJustice Smith
The Eleventh Legislative Assembly passed “an Act to create a State Accident Insurance and Total Permanent Disability Fund, for coal miners and employees at coal washers in the state of Montana, and providing for the maintenance and management of the same; extending and defining the duties of the state auditor, and fixing penalties for the violation of the provisions of this Act.” (See Chapter 67, p. 81, Laws of 1909.) In order to understand the Act in detail, it seems advisable to quote it in full. It reads as follows-:
“Section 1. All workmen, laborers and employees employed in and around any…
2Cases cited28 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Holden v. HardySupreme Court of the United States · 1898
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
23 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1915
- Reed v. BrunsonSupreme Court of Alabama · 1988
- Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Mackin v. Detroit-Timkin Axle Co.Michigan Supreme Court · 1915
79 more not listed; retrieve them via the Exa API.