Lambert

An act entitled “An act to secure the wages of persons employed as laborers on threshing-machines,” approved March 12, 1885 (Stats. 1885, p. 109), provides:

It also makes provision for the method of enforcing such lien by sale of the property, etc.

The single question presented by the appeal under the facts is whether a laborer, performing labor in and about the operation of a threshing-machine and outfit, at the employment of one not the actual owner, but lawfully in the possession and operation of the machine *294 under contract with the owner, can have and maintain against the property the lien for his services provided by the act.

Appellant’s contention is that to so construe the act, and give to one not employed by the actual owner the benefit of the lien, would render it obnoxious to the constitutional objection of authorizing a deprivation of the property of the owner without due process of law. This precise question was presented and decided by the court in Bank in the case of Church v. Garrison, 75 Cal. 199 , where it was held that the statute applied to exactly such a case, and that the lien could be constitutionally maintained;—“that the actual ownership of the…