184 Ind. 719 | Ind. | 1916
This action, instituted by appellee to recover from appellant the sum of $192 alleged to have been wrongfully deducted from his wages while in the latter’s service, is a companion case to that of Baltimore, etc., R. Co. v. Hagan (1915), 183 Ind. 522, 109 N. E. 194, and the conclusion there reached is decisive of many of the questions presented by this appeal. Appellee was employed by appellant from September, 1909, to August, 1913, and during that time appellant regularly withheld from his wages the sum of $4 per month for the benefit of a “relief department” operated in connection with its railroad. This relief organization was conducted in violation of §5308 Burns 1914, Acts 1907 p. 46, but in presenting its defense to this action, appellant takes the position that said statute is unconstitutional and invalid for the reasons, (l) that it operates to place a burden on interstate commerce, and (2) that it constitutes class legislation. The contention is also made that the act of 1907 was superseded by the Employer’s Liability Act of 1911 (Acts 1911 p. 145, §8020c Burns 1914), and further, that as in this case the contract between
Note. — Reported in 112 N. E. 524. See, also, under (1) 26 Cyc 1049; (2) 32 Cyc 557.