George Sutherland

“ The citizen cannot be held to answer charges based upon penal statutes whose mandates are so uncertain that they will reasonably admit of different constructions. A criminal statute cannot rest upon an uncertain foundation. ”

“ To construe the phrase 'current rate of wages' as meaning either the lowest rate or the highest rate, or any intermediate rate, or, if it were possible to determine the various factors to be considered, an average of all rates, would be as likely to defeat the purpose of the Legislature as to promote it. ”

“ In determining the rate of wages to be paid by the company, the commissioner claimed to be acting under authority of a statute of Oklahoma, which imposes upon him the duty of carrying into effect all laws in relation to labor. In the territory surrounding the bridges being constructed by plaintiff, there is a variety of work performed by laborers, etc., the value of whose services depends upon the class and kind of labor performed and the efficiency of the workmen. Neither the wages paid nor the work performed are uniform. ”

“ The Commissioner of Labor complained that the rate of wages paid by the company to laborers was only $3.20 per day, whereas, he asserted, the current rate in the locality where the work was being done was $3.60, and gave notice that, unless advised of an intention immediately to comply with the law, action would be taken to enforce compliance. ”

“ The Cohen Grocery Case involved the validity of section 4 of the Food Control Act of 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/8 ff) , which imposed a penalty upon any person who should make 'any unjust or unreasonable rate or charge, in handling or dealing in or with any necessaries.' It was held that these words fixed no ascertainable standard of guilt, in that they forbade no specific or definite act. ”

“ The precise point of differentiation in some instances is not easy of statement; but it will be enough for present purposes to say generally that the decisions of the court, upholding statutes as sufficiently certain, rested upon the conclusion that they employed words or phrases having a technical or other special meaning, well enough known to enable those within their reach to correctly apply them, Hygrade Provision Co. ”

“ The scale of wages paid by the construction company to its laborers was stated to be as follows: Six men at $3.20 per day, 7 men at $3.60, 4 men at $4.00, 2 men at $4.40, 4 men at $4.80, 1 man at $5.20, and 1 man at $6.50. ”