Weekly journal-miner., 1915-10-27
ARIZONA POWER COMPANY ID
 TEST JAW
CLAIM STATUTE PASSED BY STATE LEGISLATURE A VIOLATION OF U. S.. CONSTITUTION.
(From Tuesdays Daiiy0


 Filing a demurrer to the informa- ton by County Attorney O'Sullivan in the case of the State versus the Arizona Power Company, charging the latter with misdemeanor, Attor- ncy LeRoy Anderson, the defendants counsel, yesterday declared that he intended to make the present case one to test the recent law passed by the State legislature relative to forcing corporation to pay its men at any time they may quit their positions.
 The case is the one which recently came up before Justice of the Peace Hance at Camp Verde. T, P. Codgh- lin. who swore to the complaint in the justice court, alleged that the company failed to pay him his wages at the time that he quit work on the power plant being constructed on Fossil creek.
 As the case stood it was up to the county attorney to have a mandatory writ issued to force Justice Hance to go ahead with it or have the com plaint sworn to before another justice With Anderson waiving a preliminary hearing for his client, O'Sullivan took the matter direct to the Superior court by filing the information yester- day. On top of the information. came 3 demurrer a few hours later and Judge Smith will probably pass on it before the defendant pleads on No yember 1, the time set
 Anderson said yesterday that be- cause of the facts in the case he Is confident that he could have the company freed but he wants to takc the matter up and have it settled one way or the other as to whether the law is valid or invalid.
 He claims that Coughlin has rcceiv- cd his pay and the company has the returned check to prove it. Accord ing to the defendants story Coughlin left the plant leaving his tools and failing to inform the timekcepcr whether he was going to quit or not, but asking that his check be sent to him at Phoenix where he said that he was going to get men to work on the plant When he arrived in Prescott it is claimed, that he changed his mind and appeared at the local office and requested his wages, saying that he was going to quit. The Prescott office refused to pay him because he was to receive his check ill Phoenix fearing that he would be paid twice, Coughlin went on to Phoenix and there received his check according to the defendants story.
 Anderson in the demurrer, which follows, claims that the law as it stands violates both the constitution of Arizona and the constitution of the United States, in that it attempts to imprison the defendant for debt. He asks that the information be dismiss cd on those grounds:
 "Comcs now the above named de fcndant, The Arizona Power Com pany, and dcmurs to the information heretofore filed in this cause, and for grounds of demurrer says:
 q. That the court has no jurisdic- ton of the offcnse charged therein.
 1T. That said information does not substantially conform to the re quiremcnts of Sections 934, 935 and 036 of the Penal Code of the State of Arizona.
 I'll. That the facts stated do not constitute public offcnse
 "1V That the sections of the Pen al Code upon which this information is based, to-wit: Sections 705 and FOG, are unconstitutional and void in the following particulars, to-wit:
 First: Said sections violate and are in contravcntion of Section 4 Article of the Constitution of the State of Arizona; Section 13, Article ? of the Constitution of the State oi Arizona; Section Is, Article of the Constitution Of the State of Arizona; Section 5, Article of the Constitu ton of the State of Arizona; Section 10, Article l of the Constitution O. the United States; Section of the