State v. Cantwell
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. R. A. Anthony, Judge. (1) Liberty includes tbe right to acquire property, and that means and includes the right to make and enforce contracts.
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Appeal from Madison Circuit Court. — Hon. R. A. Anthony, Judge. (1) Liberty includes tbe right to acquire property, and that means and includes the right to make and enforce contracts. State v. Loomis, 115 Mo. 307; Ritchie v. People, 155 111. 98; Forer v. People, 141 111. 171; Commonwealth v. Perry, 155 Mass. 117; In re Jacobs, 98 N. Y. 98; Leep v. Railroad, 58 Ark. 407. (2) Laws, therefore, interfering with the right of employer and employee, to contract in regard to terms of service in a lawful business, are void, unless they can be upheld as coming within the police power of the State.…
1Opinion of the CourtFox, J.
— The defendants were? jointly tried, convicted and fined twenty-five dollars each in the circuit court of Madison county in March, 1903, for working their employees in mines longer than eight hours a day in violation of the act of March 23, 1901, designated as sections 8793 and 8794 of the Revised Statutes of 1899, .and found on page 211 of the Laws of 1901.
The prosecution was by information, which charges the offense to have been committed in July, 1902.
The defendants admitted that they were in charge of and operating the mine of the Catherine Lead Company, defendant Cantwell being…
2Cases cited15 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Lawton v. SteeleSupreme Court of the United States · 1894
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Holden v. HardySupreme Court of the United States · 1898
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3Cited by16 opinions
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- Matter of Application of MartinCalifornia Supreme Court · 1909
- Hawkins v. SmithSupreme Court of Missouri · 1912
- Gasque, Inc. v. NatesSupreme Court of South Carolina · 1939
- State v. MullinixSupreme Court of Missouri · 1923
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