Western Reference & Bond Ass'n v. Morehead
Western Reference & Bond Ass'n v. Morehead
Opinion of the Court
This action is submitted under rule 14 (94 Neb. XIII) as a case stated, and is brought to restrain the commissioner of labor and his deputy from enforcing the provisions of House Roll 144 (Laws 1915, ch. 209) passed and approved April 16, 1915. Plaintiffs allege that some of them come wholly within the provisions of the act, and others come partially within its provisions, and that the commissioner of labor and his deputy will enforce the provisions of the act, unless restrained from so doing. It is further pointed out that the act violates several provisions of the Constitution, and is therefore void. The attorney general filed a general demurrer to the petition, which was sustained by the court, and plaintiffs have appealed.
The act is intended to provide for the regulation of employment bureaus. It forbids the operation or maintenance of .an employment agency or bureau for hire without having first procured a license from the state, and exacts a license fee of $60 per annum from such agencies, except ¡teachers’ agencies, where the fee is fixed at $10 per annum. It lays certain restrictions as to where the agency office shall be located, requires the giving of a surety bond conditioned for the performance of the requirements of the act, empowers the deputy commissioner of labor to administer oaths, subpoena' witnesses, take depositions, et cetera, confers upon the commissioner of labor, or his deputy, the power to conduct investigations into the method or manner of conducting the business, and, in his discretion, to cancel any license held. It requires every licensed agency to keep a register, in which shall be entered the name and sex of every person for whom employment is secured and the amount of the fee charged,
Section 12 provides: “Every person, company, corporation or association doing business in this state, who shall have persons brought into this state for the purpose of employment through or by means of any employment-agency operating in another state, shall fulfil the terms of the contract made between such persons shipped in for the purpose of employment and the employment agency, or shall within a reasonable period of time after the arrival of such persons desiring employment provide such persons with transportation to their original starting point and such meals and lodging as may be necessary for the proper subsistence of such persons until they arrive at their destination. Failure to comply with this section shall subject the offending parties to a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each offense.”
The act (section 15) further provides: “Any person, firm or corporation who for hire or with a view to profit shall undertake to secure employment or help or through the medium of cards, circulars, pamphlets of any nature whatsoever, or through the display of a sign or bulletin offer to secure employment or help or give information as to where employment Or help shall be secured, shall be deemed a private employment agency and shall be subject to the provisions of this act.”
The attorney general points out in his brief that, even though the act be void, the appellants have an adequate remedy at law, and that injunction will not lie. The demurrer admitted all allegations of fact that were well pleaded in the petition. The petition is not before us, but the stipulation contained in the case stated limits the allegations thereof to the mere assertion that the officers named in the act are about to enforce its provisions, and that certain of the plaintiffs come wholly, and others come partially, within its terms, and, if the act is enforced, will be liable for the license therein provided, or, in case of its violation, be liable for the penalties prescribed. There
It is said in In re Sawyer, 124 U. S. 200, that the office and jurisdiction of a court of equity, unless enlarged by express statute, are limited to the protection of rights of property. It is, however, pointed out that the rule has its exceptions, such as when a threatened prosecution is hostile, vexatious, and unwarranted, and involves the wanton destruction of or injury to property interests of the accused, and especially so where the injured party would have no adequate remedy at law. The rule seems to be that a court of equity will not interfere with the enforcement of a statute, except where property rights are involved and the petitioner has no adequate remedy at law. If the act is valid, plaintiffs cannot complain of its enforcement. If invalid, that defense may be asserted in the court where a prosecution is attempted. The validity or invalidity of the act is purely a question of law, and it will not be assumed that a court of law will incorrectly decide it. City of Denver v. Beede, 25 Colo. 172.
Appellants rely upon the cases of Iams v. Mellor, 93 Neb. 438, and Bartels Northern Oil Co. v. Jackman, 29 N. Dak. 236. In the former case this court upheld the action of the district court in restraining the enforcement of, and declaring void, what was known as the “Stallion Registration Law.” In that case the jurisdiction of the equity court was not called in question, while the issue of fact was made that the defendants had interfered with the sale of plaintiff’s property, thait its market value had been reduced and depreciated, and, unless restrained, they would continue this interference.
Neither is Bartels Northern Oil Co. v. Jackman, supra, a parallel case. There the state of North Dakota had passed an oil inspection law levying an inspection fee largely in excess of the amount necessary for the payment of the expense of inspection. Plaintiff was a large dealer
The record does not disclose facts sufficient to confer jurisdiction on a court of equity, and it is therefore unnecessary to pass upon the other questions raised.
The judgment of dismissal is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.