CONSTITUTIONAL LAW - SEPARATION OF POWERS - VALIDITY OF STATUTE REQUIRING REFERENCE OF DISPUTES TO COMMISSIONER OF LABOR

Authors

Edward D. Ranson, University of Michigan Law School

Abstract

The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action in the superior court. The defendant claimed that the action was prematurely brought since the dispute had not been referred to the commissioner of labor. The plaintiff contended that the act in that requirement was unconstitutional. The court held: (1) that the suit was prematurely brough.t since it was not in compliance with the statute; (2) that the statute was constitutional since employment agencies are within the police power of the state to regulate; and, (3) that the statute did not provide an unconstitutional delegation of judicial power to the administrative official. Collier & Wallis, Ltd. v. Astor, (Cal. 1937) 70 P. (2d) 171.

Recommended Citation

Edward D. Ranson, CONSTITUTIONAL LAW - SEPARATION OF POWERS - VALIDITY OF STATUTE REQUIRING REFERENCE OF DISPUTES TO COMMISSIONER OF LABOR, 36 Mich. L. Rev. 1004 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss6/11