The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-10-03
ATKINSON WANTS IT.
The Noted Amer can Statistician Sends for
Copy of Judge Reds Decision.

1t is now in order for Labor Commits
sioner Todd to ask who is Edward Atkin-
son. When Judge Reed of this county de-
cided the eight-hour law unconstitutional,
Todd feigned ignorance OF the existence or
such a Judge and expressed himself as not
caring 10 know him. In other words Todd
made an ass of himself according to public
opinion.
To demonstrate the interest taken in the
decision by men of brains, the following
letter from Americas standard statisti-
clan is given;
Boston, Sept. 90 1898.
To the Clerk of the District Court Wichita, Kansas.
Judge Reed Presiding:
DEAR SIR observe by the papers that
Judge Reed has lately declared the eight
hour law of Kansas unconstitutional. This
is subject TO which | have given great
deal OF attention aud on which. under the
title of Personal Liberty" l contributed
an article to the Popular Science Monthly.
in which | was assisted by a very ape
young lawyer. | have long held that laws
restricting the right of adults to dispose
of their time would be overruled by courts
whenever brought to an adjudication.
| am therefore very deSrous to obtain
COPIES of the briefs OF counsel I'D this case
know how much to remit tor making
comics of these documents. / would remit
at once venture to ask you To rest my
credit on the heading of this sheet, II my
name is not already known to you, and TO
send me written or printed copy Of Judge
Reeds decision.
Will YOU also kindly communicate with
the counsel in the Case aud state my great
desire for copies of the briefs and my
readiness to remit a reasonable SUM i'll or
der to secure them. Also kindly name
the suitable fees to be paid for these ser
vices. as well as the expenditures that You
NAV make. and l will remit to you, with
many thanks in advance for the kind SER
vice you may render me.
Ir is u matter that interests the people
of Massachusetts gravely, the legal IN
terferepce with the right OK free contract
has been or may be carried TO much
greater extent III this state than IN almost
any other. Yours very truly,
EDWARD ATKINSON.
District Clerk KEGS turned the letter of
Mr.. Atkinson over to Judge Reed who,
OWN: TO the rush OF business. was unable
to give the details except briefly. Through
the kindness of Wendell McLsughlin who
transcribed the notes dictated by Judge
Reed, the following copy OF the judges
letter was obtained:
WICHITA, kan., Oct. :, 1893.
Hen. Edward Atkinson. Boston. Mass.
My DEAR SIR: Enclosei find Kansas
act and citations in behalf OF its uucoustl-
nationality. There are no authorities adj
verse 10 those sent. Counsel for the con-
stitutiouality of the act could not produce
a single Authority, except to say that II
sovereign state coud DO such thing.
| held that 1t was contrary 10 the consti-
.utinn OF Kansas aud the fourteenth
amendment to the federal constitution.
OF course its unconstitutIonality as IL re-
lates to the federal constitution can only
concern you, and ii is unnecessary to refer
Won to the constitutional provision OF Kan
sas One OF the PRIVILEGES anu lmmuni-
ties of a citizen OF the United States is to
make a Lawful contract i'll lawful way.
No state can pass a valid law contrary to
sucb provision. There are many other de-
fects in the Kansas act. but they do not
concern you in Massachusetts,. such as the
proyision, which you Will observe, nxiug
AN arbitrary price on labor without refer
ence 10 its value. / have unGerscored that
nart in the act, but that, l take il, does not
concern you.
delivered an oral opinion. Il is unre-
nortsd. as am q List prius circuit tstate)
have received many letters, bat have
not taken time 10 reply Ia them. l appre-
ciate. however. your letter. having read
with admiration your articles Tor long
time. and 1 nave slOppeu AOHS enough 10
write you burriedly.
repeat, there are many reasons why the
act is unconstitutional, bat the one that
coacerns you is that IL IS in violation OF
the federal constitution, The Fourteenth
amendment thereof. Is Is restraint upon
the personal liberty OF citizen OF the
United States TO make a lawful contract
7 n tai off hat
could write upon the subject.
shall remeIn Der with pleasure your en-
dorsement of my position. aud feel high
ly honored by your personal letter.
There is no charge for services of any
kind in this matter. Very truly, your
obeuIent servant G. REED.
CO II Enrd and wife lsft xesfsrd =