by John Marshall Harlan

“ The circuit court of appeals expressed its earnest desire, in the interest of harmony of decision, to come to an agreement with the state court, but its sense of duty compelled it to sustain the constitutional validity of the statute upon which the plaintiffs based their claim. Upon a careful consideration of the objections urged to the statute, and after an extended review of the authorities, the circuit court of appeals held that the statute did not deprive the owner of his property without due process of law, nor unreasonably interfere with his liberty of contract ”

“ Provided, if it shall be made to appear that the owner and contractor, for the purpose of defrauding subcontractors, material men, or laborers, fixed an unreasonably low price in the original contract for any work or material for which a lien is given under § 3184, the court shall ascertain the difference between such fraudulent contract price and a fair and reasonable price therefor, and such subcontractors, material men, and laborers shall have a lien to the amount of such fair and reasonable price so ascertained.' 91 Ohio Laws, 135, 137. ”

“ Proceeding under certain statutes of Ohio relating to liens for mechanics and others, Jones & Laughlins, Limited, brought suit in the circuit court of the United States for the southern district of Ohio against the hotel company, to enforce a lien asserted by them on the hotel building and opera house for the balance due on their contract with McClain. Various persons were made defendants because they asserted claims upon or interest in the property. ”