Omaha daily bee., 1902-04-14
WOMEN WARDS OF The STATE
Argument Made BY Norris Brown in Nom
pareil Laundry Case.
SUPPORTS THE FEMALE LABOR LAW
Attorney Holds state should Protect
women from OvertaSinE Physi-
cal Capacity for welfare
of Society.
tFrom a star correspondent

LINCOLN. April 13.-(specisi)-In an
argument before the supreme court in sup
port Of the female labor law the State de-
partment OF Justice takes the position that
women are wards OF the state and for the
future welfare OF society, should be pre-
vented by law from overtaxing their phys
zeal capacity. The constitutionality OF the
81. Is questioned in the case Of the state
asainsL. the Nonpareil steam laundry. APP
pealed from Douglas county. The brief Is
by Norris Brown, who says:
Conceding for the sake of argument, but
not admitting its truth, that a statute Is
invalid which undertakes to limit the hours
Of labor for men. II does not follow ina
the act IN question when aNSGts men
ment. except TO bear their share. Of It's
They have no voice in determining its
policies or expanding Its revenues. They
are graciously permitted; however, to pay
sense, they are wards OF the state. While
undor the law Of Nebraska they have the
liberty and are competent to make con-
tracts, yet the legislature, recognizing their
physical ~incapacity to labor unreasonably
wisely limited their hours Of toll to sixty
and robust she may be, rs by nature and
constitution mans UNEQUAL In the field OF
labor. The law Vas enacted TOT h aho penent
orally. The general health OF her kind and
through her the general health OF society.
and through II the general welfare OF the
state, demands such a law. ana J~ustrnes
its enactment by the legislature.
Bureau without Statistics.
In anosIer case Attorney General Prout
suggests TO the court that a bureau Of in
dustrial statistics, without statistics or
means Of providing them. would be a
strange institution. The plea is made in
the case instituted by Deputy Labor Com
missioner Watson to test the validity OF
the law which requires county assessors to
gather Information for the State Bureau Of
Labor and Industrial Statistics. Hearing
in the action Will be before the supreme
court next Tuesday. The law has been
attacked on the grounds that 1t Is uncon-
stitutional and because 1t provides no
compensation for the assessor performing
the duties.
1t is asserted by the states ATTORNEYS
that the collecting OF statistics was one
OF the chief concerns Of the legislature
in e~nacting the law. Thu method provided
by the original act was not effective and
in 1897 the legislature by amendment pro-
vlded a different method. 1t is contended
that in the title to the amendatory act
its was unnecessary to declare a purpose
to impose additional duties upon assessors
since the title Of the original bill was
SUFFICIENT to cover the subject.
As>to the constitutionality Of the act II
Is argued:
While there Is no merit, In our Judgment,
IN the contention that the law Is Invalid
because no compensation Is provided for
the assessors, the truth is. under the gen
eral revenue act, full compensation is pro-
vided for the performance of all duties
resting upon the assessors. This act gives
to the assessor a per diem for every day
engaged In performing his official duties
To collect these statistics Is one of his offi.
cial duties, and. whatever time he devotes
to the discharge Of this duty he can recovei
from the county his pay. No valid objec.
ti0n to the amendment of 1897 has been sug.
gested and the law should be enforced.