The Providence news. (Providence [R.I.]) 1891-1906, 1902-06-28
JUDGE B[0DCETT
DOES NOT AGREE.
He Forwards Opinion Dissenting
From That of the Majority of the
Court on Ten-HOur Law.

Judge Blodgett, who IL the latest addi-
ton to the bench OF the supreme court
and the legality OF whose election was
determined during the recent session Of
| the general assembly. now arises to ex-
pound the unconstitutionality OF the ten
from the decision OF his six associates
and seniors on the judicial rostrum. in
oludins Chief Justice stiness.
After admitting that the corporations to
which the new ten-hour law applies are
| quasi-public corporations whose property
| 10 In a large measure impressed with q
public use, he declares II indisputable
as q general proposition that where Pc
culiar privileges are granted by the state.
peculiar responsibilities supervene and
special regulations may be prescribed. for
the bestowal ana reception of special
privileges beset legitimately the right TO
impose special burdens. But the right
to restrict Is not an unlimited right.
Upon the question OF the right to re-
strict tho liberty OF contract In a lawful
calling a. between employers and en-
ployes. the decisions OF tho courts OF diff
ferent states arc In conflict. When these
restrictions fall equally upon all In the
which sustain the right Of the legisla-
ture TO impose them. But even this right
Is not universally conceded.
POLICE POWER OF THE STATE. .
The act itself contains no explanation
Of the exigency for it's passage, but II
is contended that IL Is fully justified az
valid exercise Of the police power OF the
state. and IL that contention be made
good the act must unquestionably be
upheld. Two grounds only are urged, or.
indeed. exist in support of the act as a
police regulation, viz. the public safety.
and tho somewht more doubtful ground
Of the health Of the employees. and II
either or both of these are found upon ex-
animation to be the uniform and CONTROL
Ing objects to be subserved and IL its
provisions bear alike under the same con-
ditions upon all who are within its terms,
and II. In Its classihcations. II includes
ell who are under the same conditions
and excludes none Of those whose condi-
tions or needs render such legislation
necessary or appropriate to them ss q
class, sufficient justification for the enact
ment may be found.
While the language Of the act is not
entirely clear In all its parts, II may fairly
be said that II prohibits In its terms all
officers and agents Of street railway COR
porations from "exacting" from certain
tors. gripmen and motormen. more than
ten hours labor IN twelve consecutive
hours In any day Of "a hours. with GER
tain exceptions. And II undoubtedly fol-
lows that II q corporation cannot require
ae of right from the employe longer SER
vice than this that the employe cannot
make q valid contract with the corpora
ton for such longer service. for q con-
tract must be mutually enforcible to be
binding on the parties to it.
CALLS 1T CLASS LEGISLATION.
1t Will not be questioned that the aet
penal in It's nature, and IT is therefore
First. That II is restricted in its appi-
corporations and three classes OF per-
sons In their employ. namely. conductos,
gripmen and motormen.
And thus our first inquiry Is as to the
necessity for thus restricting the natural
liberty OF contract between the employer
and snys the Ss man of 5o age a whom he
left unrestricted in the other vocations
of our people, and this statute constitutes
an UNIQUE exception to the otherwise unit
After citing statistics from the United
State census bulletin of 1900 and quoting
railroad commissioner freeman, Judge
Blodgett concludes his first premise with
the conclusion that: Now. II special and
ty attend upon the operation OF street
railways, and these dangers will be reme-
died by restricting the liberty OF contract
between the companies and the three
classes of employees above mentioned in
manner and form g contained In this act,
such dangers will doubtless constitute
sufficient justification for so doing, but
otherwise the exgency for such special
and class Legislation is not apparent
ACT DOES NOT GO FAR ENOUGH.
,rb. sooopd noint that Judre plodgett
essays 10 raise is more favorable TO. rath-
or than against, the law and the only
laid down by himself is that the act does
not go far enough.
Here Is what he says:
Second But the act is still further re:
stricted In its applicat ton. in this. that
II does pot include all conductors au5
motormen generally. but applies TO and
operating street railways. But there are
others OF these classes I'm the state who
are not employed In opera ting street rail-
dsrslgned II appeared from the testimony
than the Providence, Warren and Bristol
Rsiroad is no now opeFda'eaa pnd aagyfrS er
Railroad company. a steam railroad com
pany. by means OF electricity supplied by
the overhead trolley ,, sysea canauotsrs Sas snd s
nctormen. whose duties are similar to
the duties OF the conductors and motor
men car. IN rn ov.r their own road
bed and not through the streets IN the
towns through which they pass htdn, nsltner y, ,s
local regulation. But this act does not
apply 20 conductors or motormen or pro-
tect the passengers on that road. And,
while the danger OF collision Is less than
on a street railway the nign ana undimrt, M nrd
the dangers and consequences thereof are
far greater. So that " Is not amiss 70
inquire the reason for neglecting 70 ex.
tend these provisions for the health OF
employees ard the safety OF passengers to
this road also.
CORPORATIONS coNTRAsTED.
II Is also a matter OF common and
general knowledge and public record, TO
which II does not seem improper TO refer.
that the Bristol branch OF the Rhode
Island Suburban Railroad company oper-
ates a parallel electric street railway
from n point a few rods distant from the
latter road I'm Providence through the
highways in tho towns OF East Provi-
dence. harrington and Warren TO point
nwfn AI Inn