The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-09-28
NOT CONSTITUTIONAL.
Judge Reed kn,clss thu Eight-Honr Law
into Corked Hat

Judge Reed of the district court passed
upon the constitutionality Of the eight
hour law yesterday anil decided that II
was not constitutional, for the reason that
the law is in direct violation of the state
and federal constitutions, or in the Ian
guage Of the judge, sit is rermeated with
the bacilla OF uuconstitutionality from the
crown of its head to the soles of its feet.
The eight-hour Law provides that eight
hours shall constitute a days work for
all laborers, workingmen, mechanics or
other persons who may be employed by or
on behalf of the state of Kansas. or ny Or
on behalf of any county, city. township ar
other municipality Of said state except III
cases of extraordinary emergencies
which may arise in time OF war
or in cases where it may
be necessary to work more than eight
hours per calendar day for the protection
of property or human life, and in all such
cases the party working more than eight
hours must be paid, according to law, on
the basis of eight hours constituting
days work. The law also provides that
laborers employed shall receive for the
eight hours work the per diem wages pre-
vailing in the locality where the work Is
done; that sub. contractors for state, city,
township and other municipalities shall
observe the same rule; that it shall be
unlawful for any OF them to permit labor
ers, etc. to work more than eight hours,
and that any officer. sub-contractor, etc.,
violating the same shall be punished with
a fine. etc.
Judge Reed inclined to the view that
the act was unconstitutional because 1t
was in violation of section 16. article OF
the state constitution. in this that the
act is broader than title, and upon that
proposition he announced no opinion aud
rested his opinion upon the fact that the
act is in violation of section 1 of the "bill
OF rights" of this state, which reads: "Aii
men are possessed of equal aud iDalienable
natural rights. among which are life, lib
erty aud the pursuit. of happiness"
The court also held that the act was in
violation of the Fourteenth amendment
OF the federal constitution, which reads as
follows: "All persons born or naturalized
in the United States, and subject to the
jurisdiction thereof, are citizens of the
United States and or the state wherein
they reside. No state shall make or en-
force any law which shall abridge the
privileges or immunties Of citizens of the
United States; nor shall any state deprive
any person of life, liberty Or property
without due process of law, nor deny to
any person within its jurisdiction the
equal protection of the laws"
The opinion of Judge Reed is an impor-
tant one, AS it affects about sixty cases
brought, under the law, against Wichita
City and Sedgwick county. The particu-
lar case which percipitated the decision
was the case of johnson against the
Barber Asphalt Paving company, the
history of which has been repeated so
often in the columns of the EAGLE Har-
ris & Vermeilion represented the de-
PENDANTS while Bently & Hatfield repre-
scented the plaintiff. The case will be
carried to the supreme court where au
effort will be made to advance it in the
Il