APPENDIX. 55 



said sections 1 and 2, chapter 437, interfere with the privileges and 

 immunities of citizens of other states by prohibiting them from doing 

 manual labor as servants in connection with the lobster fisheries, con- 

 trary to the provisions of said section of the constitution? 



(12) Are said sections 1 and 2, chapter 437, in conflict with the 

 provisions of that portion of Section 1, Article 14, of the amendments 

 to the Constitution of the United States, which is as follows, viz. : 



" No state shall make or enforce any law which shall abridge 



the privileges or immunities of citizens of the United States; ", 



in that the provisions of said sections 1 and 2, chapter 437, abridge 

 the privileges and immunities of citizens of the United States by 

 prohibiting them from doing manual labor as servants in connection 

 with the lobster fisheries, contrary to the said provisions of said sec- 

 tion of the amendments to the Constitution of the United States? 



We approach this subject mindful of the presumption of con- 

 stitutionality in favor of the act in question. 



The presumption of innocence in this particular obtains and "The 

 rule generally laid down is, that statutes should be sustained unless 

 their unconstitutionality is clear beyond a reasonable doubt. A rea- 

 sonable doubt is to be resolved in favor of the legislative action, and 

 the act sustained. Cooley on Constitutional Limitations, p. 252, and 

 cases cited. 'Before an act is declared to be unconstitutional it 

 should clearly appear that it cannot be supported by any reasonable 

 intendment or allowable presumption.' People v. Supervisors of 

 Orange, 17 N. Y. 235, 241. All intendments favor constitutionality,' 

 Crowley v. State of Oregon, 11 Oregon, 512. 'Courts will approach 

 the question with great caution, examine it in every possible aspect, 

 and ponder upon it as long as deliberation and patient attention can 

 throw any new light on the subject, and never declare a statute void 

 unless the nullity and invalidity of the act are placed, in their judg- 

 ment, beyond a reasonable doubt.' Wellington et al.. Petitioners, 16 

 Pick. 87, 95, per Shaw, C. J. 'It is but a decent respect due to the 

 wisdom, the integrity, and the patriotism of the legislative body by 

 which any law is passed,' says Justice Washington, 'to presume in 



