The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-01-02
statutes Against overwork.

! Pennsylvania law forbids passenger
railway companies to suffer their EN-
ployes to work more than twelve hours a
day The law declares that twelve hours
is the limit, beyond which work must be
paid tor "a overwork; prohibits the COM
pany's officials from suffering or permit
ing such overwork; makes the perform
ance of the excess of work prima facie
evidence OF permission; allows them to
plead ignorance, in fact, as defense, and
adds a penalty of imprisonment of not less
than thirty days nor more than six
months.
Although this law has been on the statute
book nearly two years, the first indict-
m.nt under it has just been returned.
The defendants are THOMAS c. BARR,
president, and j. II. FRESH, superintend-
ent of a street railway company in Phila-
delphia.
The trial of this case will present some
interesting and novel questions to the
Pennsylvania courts. 1t is quite probable
that they will deny the power OF the legis-
lature to deprive citizens of the freedom
of contract, which is what the statute in
question really seeks TO do. For it says, in
effect, that no person can contract with a
street railway company to perform more
than twelve hours labor a dav; and if
legislature can say this, and enforce it, it
can also prohibits a lawyer, doctor, a
clergyman, journalist, clerk or any
other person contracting to perform more
than twelve, or ten, or eight, or six hours
a day, as it pleases.
Every right-minded and humane person
OF course sympathizes with the over
worked and underpaid employees of street
railway companies in our large towns and
cities. Most of these corporations ear n
very large dividends, and yet they have
been in the habit of compelling their en-
ployes to work from twelve to sixteen
hours day, seven days in the week, for
the barest pittance. During the past three
or four years the hours OF work have been
somewhat reduced in many cities, and the
wages materially increased. This has not
been accomplished by legislation how
ever, but by organization among the men,
and by the pressure Of public opinion,
which has demanded that they receive at
least as good treatment as was accorded
the negro slaves in the South.
Our own opinion is that the street-car
drivers and conductors, considering the
exposure and hardships they are COM
PEELED to undergo, ought to be able to
earn decent living by working not more
than eight hours out of the twenty -four.
But We have no faith in the potency of
such law as that we have referred to.
We do not believe it is constitutional, and
We are sure it is not wise or practicable.
A greater evil even than overwork and
poor pay is the denial by the state to the
individual OF the right TO control his own
labor and time. The assumption of such
power is a manifestation of paternalism
in its worst form, and paternal govern
ment would rather magnify than remedy
our social and industrial evils. These can
only be cured by arousing the popular
conscience and creating public opinion
that will compel justice and fair play be-
tween man and man.
The decision of the courts on the Penn
sylvania statute will be awaited with
much interest.