Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1894-02-24
LABOR AND THE CONSTITUTION,


About the only way in which the
average workingman OF Illinois gets
coanizance OF the existence Of a state
constitution is when 1t is appealed ~
by his employers TO segalize some new
expressions or 10 defeat some effort OF
labor to secure emancipation.
Under this precious constitution as
il is construed by timorcus judges the
law passed by the state Legislature for
the abolition of the company store"
system OF extortion has been declared
invalid. by il the law providing for
weekly payment Of wages has been
defeated. Under It's authonty--al-
ways making for the master and
against the man--the law directing
that miners be paid by actual weight
was nullified. Now il will be APP
pealed TO in opposition 10 the law di.
recting that "no female shall be en-
ployed in any factory or workshop
more than eight hours in one day
or forty-eight hours in one week"
There is little doubt that this statute
will go the way of the others. Under
the view which the courts are taking
of the constitutional provision that
freedom OF contract shall not be alb
ridged by law this statute win prob
ably be classed with the anti-truck
store, the weekly payment, and the
miners pay laws.
There is something wrong with the
constitution or with the judges who
eonstrue IL II laws for the protection Of
society against The encroachments Of
capital are TO be thus systematically
nullified. The cause of the working
people is the cause OF society, for in
one way or another rs per cent OF the
citizens OF the nation are wage work
ers. Questions Of the merits OF the
Jaws thus rudely overthrown is raised
by scarcely any one. The extortions
committed by the system OF paying
miners in checks redeemable only at
the company store, the hardship and
economic loss entailed upon employees
by monthly pay day, the abuses and
heartless oppression which failure to
regulate the working hours of women
may give rise to are patent 10 all. II
is upon legal technicalities rather than
on any appeal to justice that the sue
cessful opponents of legislation OF this
sort have won their suits.
The sense of fair play in the COM
munity will demand the radical
amendment OF constitution which is
all for the employer and all against
the employed. II is true that a few
courageous judges might have pre-
vented the giving TO the constitutional
guarantee OF the freedom OF contract
what will seem TO many faulty con-
struction. The constitution ought rot
BIO regarded giving men freedom to
make contracts which are against
public policy. Under 1t contract by
which man sold himself aud family
into perpetual slavery would not be
upheld. Under 1t man is not given
freedom to sign away his legal exemp-
tions from seizure for debt. To The
Times the cases in which the consti.
tuition has been successfully invoked
20 protect freedom OF contract are no
less hostile TO public policy than cited.
But as the law now stands, fixed by
the decisions in tue earlier cases, il is
probable that every attempt OF the
tate TO interfere between master an
man for the protection of the weaker
will be pronounced unconstitutional.
Only by the difficult process OF con-
stitutional amendment can relief from
this intolerable situation be obtained,
and steps to accomplish such amend
Inent saould be taken immediately
Chicago Times