New-York tribune., 1884-10-09
THE TENEMENT CIGAR la W.
IT'S CONSTITUTIONALIrY IMPEAClLD.
TIE RIGHT OF POOR PEOPLE TO EARN L'NiN'
UPHELD-JUsHCE DAvI-s OPINION

THE RIGHT OF POOR PEOPLE TO Earn A LIVING
rrnrfD-JUsnCE DAvTS's oPINIoN.
Under law passed on Nav -, 1851. pro
hhiting the manufacture Of cigars IN tenement ~
This city Peter ia, obs. who lived IN St' mouse win M
family and engaged in such nIanniacinrc MsT corr
rested aud held in default OF bail. VIII o nanc's,
nus in his behalf dismissed 10y the special term o .
Supreme Court, and an appeal was ah, on VIC t
Of The uncon-titutiolity of the law. William VI h9l1
argued Jaco,ss before the General lcri WHICH u
Just given its decision Justice naLn corcrrimg %rrig
in it. Justice Davis SAYS that 1t l. lcsas nur ,,r
political axiom that "the lahoring masses o i or
labor and the right to employ IT to thGir prt ,
Interests and advantage 1t must be consluel'o l,, @ i
constitutional inhibition against All nNhsin+ -, piTn
crty wlout due process Of aw vas ~ InllS in!r'''
embrace aud protect that property as any q,
cumulations 1t may nave llnr ~ - ,' ", -, c,ri,
ay competent therefore for the Legislature 10 u'prc
by any ~ brarl enactment ahorcr IN any laNiul No'
tion of his right TO work ana ENJOY tnr irS :" ~ s thc
in hi4 own residence In his own way except LOT @Io. @ W..
purposes of police or health regulation AZ ",ils"l'
who has rented tenement for his family has thrroy a'
qurcd rights of property IN 'hc 'llNl lh'n W ~" css
mont of which he cannot he deprived except ~ prn'r
of law An arbitrary law for the p9ilo.r ~ ,,i,
rivnton is absolutely dead at its birth constltnll"mN
careful study of the act" says IN" oplh"h'
health ~ declared in the bill hnt ioI
III, purpose of preventing sncrrs9ihl c"ll"HIoh n m
mtio,s t, other modes of manufacturing the same ar
tirc We think Wc nnd abundant evidence "f nus on
limited class of housoa for @ oporalon su,h "a are
cnpici "a the residence of more than three tns,r
aud doing their cuoting upon the ri'ullS'A.
rrcfi tenement houses ronalnlng nlot NAN 'lI'' ~,
doing thrrtuuling un the picms's are Nhp' m,,,1
lhr nrt II health WAS The uhrct hll su'h l'mh'h!
wnud be- embraced II a the sWhtmlhE i'h'nh',-
whnlr inhabitants i've IN rlumiacuuna h"'n'!h'' Wuh
nil ,nnLins IN thoir icncmoniH. hat Wn I've nom manu-
tn mouth IN The street and Riun HlnrH. or ~ "e
pnta whose hrhlthnn urrd the untrrthn hi "" l'''
hii ihry are not included ~ The act Ashin 'lthl W
inhafrn atntr nn the nta nuur rNrnpt7 thi' moor t"'
the ni.fniiun u the ar ihi1 h't Mtt" h'hllh ~" ~"
irri Wuni1 require HtiulrurN lhHlrhl "l l''NN
tInn III tho law hi dozen ftilllrH hrlu 'hl'N "'
the manufacture at 'ighiA tohhrtn where 'WN h'P
and cook while the head uT the family Wnnd u" ,llh
mai for crrA ing The mHnufit tnlo nl ne noe" WNV
The act II not police regulation Tor httlh m'Hh'u
fails ia that object the contrary II HtIlh'4 WIN WV"N
and ,uirl severity act~, Ot hlmhr manufacturers U"
poor to i've elsewhere than IN crowded t'hoh'h nous
unable Ia have a their premises "l I" rem Nlr
mi t.ir uf thrir rr,,i, ucr, They fare singled out
with keen discrimination and their industry u nat' d"
crime unless they submit to abandon II or ma 'hplo9
mrnt oui side their homes ,..
Were the act general aud aimed at all tenement h"h''H
and the manufacture prohibited for sanitary reasons o
nrhiltrd i'm Ii, Ing rooms say the General 1rllu an
other case would bc presented But the ~" IN tS present
form unjust in It's inequalities 80 hat,ll ana oplr
.iyc upon The Labor Of poverty, kccny dcIlhhaNo
IN favor of thr stronger GLASSES engaged IN tue N"" ""
cupation. that II certainly ought NOT l" nave zee"
enacted hut hrng enacted ought To- br hchl lhNai"' ,
Justice Daniels adds. the omission 10 lHcIuir otH'I
cities OF the state in the act is AN indication mat c ~"
was passed for purposes of public hr9lh ly % ui M
crimiuatou hr says. con-pleuou>F unjust anu "o'
warranted by the fundamental law of the 0t"'c'