175 Ind. 112 | Ind. | 1911
This prosecution of appellant, as agent of the Vandalia Coal Company, for an alleged violation of the act approved March 9, 1907 (Acts 1907 p.' 334, §§8582, 8583 Bums 1908), commonly called by coal miners and operators the “wide-entry law,” has been in this court before (State v. Barrett [1909], 172 Ind. 169). On that appeal, after a full consideration of the case then presented, this court reached the conclusion that the act in question was constitutional,
And under the well-settled law announced in the cases before cited, the trial court was as firmly required by the mandate of this court to hold these answers bad as the identical answer involved in the former appeal, for this court’s conclusion, that the special answer therein considered is bad, is the law of the case on that question, to be adhered to throughout all subsequent stages of the case.
In the case just cited it was held that the Supreme Court of the United States would not limit the power of the state, by declaring that because the judgment exercised by the legislature is unwise, it amounts to a denial of the equal protection of the laws, or the deprivation of property or liberty without due process of law. In the case at bar, there is nothing unwise apparent on the face of the law, nor does the record disclose it; but a care for workers in a dangerous employment is apparent. Appellant has not been deprived of his property, but has had impressed upon it a regulation which the legislature, in its discretion, has deemed wise.
The further suggestion of appellant, that the act violates article 1, §23, of our state Constitution, and the 14th amend
There is no error in the record, and the judgment is affirmed.