Opinion

State v. Packard

  • 122 Utah 369
  • 250 P.2d 561
  • 31 L.R.R.M. (BNA) 2122
  • 1952 Utah LEXIS 212
Court
Utah Supreme Court
Filed
Nov 17, 1952
Status
Published
Author
Henriod
On the bench
Crockett, Wade, Henriod, Wolfe, McDonough
Cited by
34 cases

finding statutory language "a national recognized union” unconstitutionally vague and citing with approval In re Peppers, 189 Cal. 682, 209 P. 896, 897 (1922) "wherein an act providing that 'oranges ... shall be considered unfit for shipment when frosted to the extent of endangering the reputation of the citrus industry' was struck down as uncertain because it provided no standard upon which the shipper could determine whether he was violating the act”

How later courts described this case

  • finding statutory language "a national recognized union” unconstitutionally vague and citing with approval In re Peppers, 189 Cal. 682, 209 P. 896, 897 (1922) "wherein an act providing that 'oranges ... shall be considered unfit for shipment when frosted to the extent of endangering the reputation of the citrus industry' was struck down as uncertain because it provided no standard upon which the shipper could determine whether he was violating the act”
  • describing Article XII, Sec. 19 as "one of the basic freedoms vouched safe [sic] by our state constitution," which "complements and makes more meaningful the other rights guaranteed as part of our constitutional liberties"
  • describing Article XII, § 19 as "one of the basic freedoms vouched safe [sic] by our state constitution," which "complements and makes more meaningful the other rights guaranteed as part of our constitutional liberties”
  • finding statutory language "a national recognized union” unconstitutionally vague

Written by the judges who cited it.

The opinion

HENRIOD, Justice.

I concur for the reason that the language of the act is so loose as to make it impossible for union agents, public prosecutors, those taking employment at a struck plant, or anyone else, definitely to determine who might or might not be violator or victim in instances where the question of strikebreaking arises. Upon careful analysis, the statute conceivably could be an instrument of embarrassment and oppression to union member and strikebreaker alike, if either made an erroneous interpretation of the wording of the statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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