—and "purely statutory offenses" cannot be established by implication and acts otherwise innocent and lawful do not become crimes unless there is a clear and positive expression of the legislative intent to make them criminal

"The citizen is entitled to an unequivocal warning before conduct on his part, which is not malum in se, can be made the occasion of a deprivation of his liberty or property

In considering whether New York has struck an allowable balance between its right to legislate in a field that is so closely related to the basic function of government, and the duty to protect the innocent from being punished for crossing the line of wrongdoing without awareness, it is relevant to note that this legislation has been upheld as putting law-abiding people on …

Beck, 144 NY 225, 39 NE 8o (1894)(eight hour statute upheld, but merely directory as to certain provisions to be inserted in the labor contract).

I, providing that no Siate shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the US It has been held tlhat the legislature might prohibit railroads from permitting or requiring workmen who have worked twenty-four hours to go oh duty again until they have had eight hours rest.

The courts of this state have long recognized that a statute in derogation of the common law, or which infringes upon an existing common right, must "be strictly construed

—ance of a crime cannot be imputed by loose inferences and doubtful implications, but must be made to appear with reasonable certainty. We may guess that the Legislature intended to make all prohibited acts criminal offenses, but it is impossible to so affirm with any degree of certainty, and the fact that they did not so declare, is indicative that they did not so intend. "

Defendant argues that the statute is penal in nature and that, as such, it must give the accused an unequivocal warning before his conduct, where not malum in se, can result in loss of liberty or property