Commonwealth v. Pouliot

198 N.E. 256 (1935)

Facts

D has the physical ability to perform manual labor. He has been unable to find employment and has no income except as aid has been furnished him and his family through the welfare department of the city of Holyoke. A condition precedent to furnishing aid to D is that he report to and work for the city under the direction of the public works department, but does not contract to furnish such aid merely for work done. The city in no way agrees to pay d any certain amount of money or to furnish him any definite amount of goods for specified work performed. The city will not contract with d to pay any certain amount or kind of compensation for work done or to be done by him. At present, there is no authorized rate with which to credit the number of hours worked by D or any other welfare worker. D refuses to work for the city unless he shall receive a definite and certain compensation for his services. D was found guilty and imposed sentence, which was stayed. D appealed. D contends that a finding of guilty compels him to work in violation of the Thirteenth Amendment to the Constitution of the United States.