Anderson v. Hawaiian Dredging Co.

Citations

• 24 Haw. 97
• 1917 Haw. LEXIS 9

Syllabus

<p>Constitutional Law — statutes—right to question constitutionality of statute.</p> <p>It is a well settled rule that a question of tbe supposed conflict of a statutory provision with the Constitution will not be considered at the instance of one whose rights do not appear to be affected by such provision, but where a statute which so regulates the correlative rights of two classes — as employers and employees — that if void as to one it should be held void as to the other, complaint of a party belonging to one class may require an examination of the statute in both aspects.</p> <p>Same — Fifth Amendment — due process of law.</p> <p>Due process of law requires that when one’s rights of life, liberty or property are to be adjudicated he must have notice of the proceeding and be given a hearing — or, at least, an opportunity to be heard — thereon. But so far as the statute providing for the proceeding is concerned it is sufficient if it provides for, or, at least does not negative, the right of the adverse party to notice that the proceeding has been commenced. Notice of the time of hearing must be given the parties by the tribunal before which it is pending whether required by statute or rule or not. The failure to give such notice may invalidate the particular proceeding in which the failure occurred, but will not draw in question the statute.</p> <p>Same — Seventh Amendment — right of trial loy jury.</p> <p>The constitutional requirement that in suits at common law the right of trial by jury shall be preserved does not extend to other than actions at common law. The right is not invaded where, as in the case of Workmen’s Compensation Acts, the common law action for damages for personal injury sustained by employees in industrial employment has been abolished and-a new and fixed measure of compensation is fixed' by statute.</p> <p>Same — 'Workmen’s Compensation Act — police power.</p> <p>The right of the legislature to establish a new system of compensation for inj