The sun., 1890-11-18

Alliance, with Its belief In tho Government
control OF the railroads, is no exception.
Extreme vlews are likely TO come to the
top wherever the Alliance is IN power. In
vestors. therefore. will do we'll to be cautious
about increasing their investments in the
Granger States before the animus Of the
Legislatures has been fully disclosed.
Tho Wages Of Voters on Election Day.
Tho new Ballot act contains o provi-
sion which has attracted very little at
tention. In regard to the right Of persons to
leave any employment In which they may
be engaged on election day In order to vote.
Tho statute allows two hours for this pur-
pose; and furthermore 1t prescribes that
the wages Of the voter shall not be reduced
by reason OF his absence for this length Of
time in order to exercise the right Of suf-
frage. 1t Is suggested In the last number Of
tho Albany Law Journal that this provision
OF the statute Is unconstitutional, 20 far as
1t assumes to compel an individual employer
to pay his employee for time when he does
not work; and 1t seems to us that there Is
good deal OF force In the suggestion.
Hero Is the exact language OF the statute:
"Any person entitled 70 vote at . general election
held within this State shall the day Of such cleo
ten b entitled to absent himself from any service OF
employment IN which he is then engaged employed.
fer the period Of tive hours between the time Of open
iss aad the time Of closing the polls; and such
sna not because of abssntng himself be liable to
any penalty. nor shall any deduction b made &C.
count OF such absence from his usual salary wages
Provided however, that application shall b made for
suoh leave OF ahssnes prior % the day Of election The
eaployse may specify the hours during which such
sAploysA nay absent himself aforessid Any person
or cooperation who shall refuse to employee the
privilege hereby ooafsrrsd whe shall subject an en-.
pacyss % penalty or reduction OF wasss because Of
the szsreiss Of such privilege whs shall directly or
indirectly visss the provisons of this set shall -
deemed sunty OF nisdsmsaaos."
The Federal Constitution provides that no
State shsll pass any law impairing the obli-
cation Of contracts. II farmer had en-
gagged Q man to work for him throughout
the present year. for specified sum per
month, would not the obligation OF that
contract be impaired II on election day he
was compelled to let the man absent himself
from work for two hours, without suffering
any deduction Of payP Clearly there can be
but ono answer to this question. and that
must be in the affirmative. Where one
person has agreed to servo another for
given period at fixed compensation, no
Legislature Of any State has the constltu-
tioral power to reduce the period OF service,
and yet compel the employer to pay the
full compensation. The Albany Lao Journal
says that the section which we have quoted
may be valid as to corporations, which are
the marc creatures OF the State; but we
should hardly concede as much a. this. The
Constitution of the United States does not
make any distinction between contracts by
individuals and contracts by corporations.
II corporation Ia competent to make Q
contract. 1t is entitled to tho protection Of
the Federal Constitution Just Is much as q
person who makes Q contract. In neither
case can the obligation Of the agreement be
impaired BY State Legislature.
While the provision under consideration
appears clearly to be unconstitutional 80 far
as 1t applies to contracts OF employment
made before tho Ballot Reform law went
into effect, 1t may be otherwise, 80 lar az
Later contracts are concerned, or contracts
which may be entered into hereafter. As to
these, the courts might hold that the rate Of
wages or compensat ton must be deemed to
have been fixed by the master and servant
in view Of the provision OF the law which
entities the latter to an absence OF two hours
on election day for the purpose OF casting
his vote; and, therefore, the statute, pre-
sumably known to both parties, Is regarded
- entering into the contract and qualifying
its terms, and hence cannot. be said to Inn
pair the obligation of the agreement. In
other words, tho effect 10 the same as though
the master said to the servant: "You know
and know that the Ballot Reform act en-
titlss you to be away from work for two
hours ON election day. and have taken that
fact into consideration In agreeing to give
you the amount Of wages which you have
agreed to taxa" II 1t shall be held that the
statute In this manner becomes q part Of
every contract of employment hereafter
made In this State. tho constitutional objeo-.
tion would bs overcome
No construction could be tolerated, how
ever. which would result In literal enforce
ment OF the prohibition against any deduc-
tion from the wages Of the voter who
absented himself from employment, II the
prohibition means that such Q deduction
may not be agreed upon beforehand. "Nor
shsll any deduction be made on account OF
such absence from his usual salary or
wages says the statute. We do not under
stand that this would make an agreement
unlawful which provided for the payment OF
two dollars day for day of eight hours
to an employee less twenty-five cents an
hour for lost time on election day. II the
statute u meant to forbid such contracts, we
do not 80 how 1t can be upheld; for 1t would
compel man to pay for services which were
not performed, and this Is beyond the power
OF the Legislature. As our legal contem-
porary aptly remarks: The high privilege
Of voting and the Importance OF It's exercise
TO the State may possibly warrant the state
In securing II to the voter In spite Of his
contract Of employment but whore Is the