Legal Opinion · Dissent

Beehive Medical Electronics, Inc. v. Industrial Commission

Utah Supreme Court

Decided July 20, 1978No. 15062, 15127 and 15203Published

1DissentEllett, Chief Justice

It is my opinion that the statute runs counter to the provisions of our state constitution, Article I,' sec. 1 of which provides:

All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; .

Our Court addressed this provision in the case of Golding v. Schubach Optical Co.1 wherein it was said:

The Constitution declares in article 1, § 1, men are by nature free and independent, and have certain inalienable rights among which are the pursuing and obtaining of happiness, and safety, and property. These rights are invaded…

2Cases cited5 opinions

  1. Chavez v. SargentCalifornia Supreme Court · 1959
  2. Stimson Mill Company v. BraunCalifornia Supreme Court · 1902
  3. Golding v. Schubach Optical Co.Utah Supreme Court · 1937
  4. Snell v. BradburyCalifornia Supreme Court · 1903
  5. Kopp v. Salt Lake CityUtah Supreme Court · 1973

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