connally general const argued decided january george short oklahoma city berry king muskogee appellants connally general const lydick oklahoma city appellee justice sutherland delivered opinion suit enjoin certain state county officers oklahoma enforcing provisions section section compiled oklahoma statutes challenged unconstitutional section creates day persons employed behalf state provides less current rate per diem wages locality work performed shall paid laborers workmen mechanics prison guards janitors public institutions persons employed behalf state laborers workmen mechanics persons employed contractors subcontractors execution contract contracts state shall deemed employed behalf state violation section penalty imposed section fine less imprisonment less three six months day violation continues declared separate offense material averments bill shortly stated following effect construction company contracts state engaged constructing certain bridges within state work employs number laborers workmen mechanics agreed amount wages paid upon basis day amount agreed upon reasonable commensurate services rendered agreeable employee case commissioner labor complained rate wages paid company laborers per day whereas asserted current rate locality work done gave notice unless advised intention immediately comply law action taken enforce compliance correspondence set forth bill appears commissioner based complaint upon investigation made representative concerning wages laborers vicinity cleveland near town one bridges constructed investigation disclosed following list employers daily rate wages paid city johnson refining prairie oil gas gypsy oil gulf pipe line co brickyard hansen general construction company moore pitts ice company per month cotton gins pitts prairie pipe line company mccormack harry mccoy scale wages paid construction company laborers stated follows six men per day men men men men man man determining rate wages paid company commissioner claimed acting authority statute oklahoma imposes upon duty carrying effect laws relation labor territory surrounding bridges constructed plaintiff variety work performed laborers value whose services depends upon class kind labor performed efficiency workmen neither wages paid work performed uniform wages varied since plaintiff entered contracts constructing bridges employing men impossible determine circumstances whether sums paid plaintiff amount designated commissioner either constitute current per diem wage locality averments effect commissioner threatened company officers agents representatives criminal prosecutions foregoing statutory provisions unless restrained county attorneys various counties named institute prosecutions section providing day failure pay current wages shall constitute separate offense maximum penalties may inflicted aggregating many thousands dollars fines many years imprisonment constitutional grounds attack among others statutory provisions enforced deprive plaintiff officers agents representatives liberty property without due process law violation fourteenth amendment federal constitution contain ascertainable standard guilt determined degree certainty sum constitutes current wage locality term fatally vague uncertain bill long one without review enough say constitutional attack upon statute sustained averments justify equitable relief prayed upon bill motion dismiss nature demurrer attacking sufficiency application interlocutory injunction heard three judges section judicial code comp granted allegations bill taken true general const connally terms penal statute creating new offense must sufficiently explicit inform subject conduct part render liable penalties recognized requirement consonant alike ordinary notions fair play settled rules law statute either forbids requires act terms vague men common intelligence must necessarily guess meaning differ application violates first essential due process law international harvester kentucky collins kentucky question whether given legislative enactments thus wanting certainty frequently cases statutes involved upheld others declared invalid precise point differentiation instances easy statement enough present purposes say generally decisions upholding statutes sufficiently certain rested upon conclusion employed words phrases technical special meaning well enough known enable within reach correctly apply hygrade provision sherman omaechevarria idaho meaning notwithstanding element degree definition estimates might differ nash international harvester kentucky supra page broadly stated chief justice white cohen grocery ed reasons found result either text statutes involved subjects dealt standard sort afforded see also pierce oil texas illustrative cases hand international harvester kentucky supra collins kentucky supra cohen grocery supra cases cited cohen grocery case involved validity section food control act comp comp ann supp ff imposed penalty upon person make unjust unreasonable rate charge handling dealing necessaries held words fixed ascertainable standard guilt forbade specific definite act among cases cited support conclusion capital traction app ann cas statute making offense street railway company run insufficient number cars accommodate passengers crowding held void uncertainty course opinion said pages statute makes criminal offense street railway companies district columbia run insufficient number cars accommodate persons desiring passage thereon without crowding shall guide jury ascertaining constitutes crowded car may regarded crowded car one jury may considered another shall constitute sufficient number cars opinion one judge may regarded insufficient another total absence definition shall constitute crowded car important element left conjecture supplied either jury essence law without statute indefinite uncertain support information indictment dividing line lawful unlawful left conjecture citizen held answer charges based upon penal statutes whose mandates uncertain reasonably admit different constructions criminal statute rest upon uncertain foundation crime elements constituting must clearly expressed ordinary person intelligently choose advance course lawful pursue penal statutes prohibiting certain things providing punishment violation admit double meaning citizen may act upon one conception requirements courts upon another light principles decisions come consideration legislation review requiring contractor risk incurring severe cumulative penalties pay employees less current rate per diem wages locality work performed opinion provision presents double uncertainty fatal validity criminal statute first place words rate wages denote specific definite sum minimum maximum intermediate amounts indeterminately varying time time dependent upon class kind work done efficiency workmen bill alleges case respect territory surrounding bridges construction statutory phrase reasonably confined amounts since imports rate wages simple much minimum much maximum including direct payment amount shall less one several different amounts without saying leave question meant incapable definite answer see people ex rel rodgers coler question solved resort established canons construction enable look awkward clumsy expression language wanting precision intent legislature vice statute lies impossibility ascertaining reasonable test legislature meant one thing rather another futility attempt apply requirement assumes existence rate wages single amount rate fact composed multitude gradations construe phrase rate wages meaning either lowest rate highest rate intermediate rate possible determine various factors considered average rates likely defeat purpose legislature promote see state partlow commonwealth bank pennsylvania watts second place additional obscurity imparted statute use qualifying word say degree accuracy areas constitute locality given piece work done two men moving direction place operations likely agree upon point passed boundary separated locality work next locality said question settled us decision state rehearing state tibbetts define word meaning place accepting correct course result remove obscurity rather offer choice uncertainties word quite susceptible variation word terms elastic dependent upon circumstances may equally satisfied areas measured rods miles see schmidt kansas city distilling mo woods cochrane smith iowa state ex rel christie meek millville imp pitman gas law thomas marshfield pick mass case last cited held grant common inhabitants certain neighborhood void term sufficiently certain identify grantees connections conditions term might definite enough statute review imposing criminal penalties certainly expression place leaves much desired way delimitation boundaries provokes inquiry near element uncertainty put aside consequence rate wages may present case alleged among different employers according relative efficiency workmen may vary different sections result application law depends upon word fixed meaning one made definite statutory judicial definition context legitimate aid construction upon probably varying impressions juries whether given areas included within particular localities constitutional guaranty due process allowed rest upon support equivocal interlocutory decree affirmed justice holmes justice brandeis concur result ground plaintiff violating statute criterion available vicinity cleveland footnotes commissioner investigation shows wages ranged per day scale wages paid construction company laborers number ranged per day paid