The Minneapolis journal., 1903-04-30
EIGHT. HOUR LAW
IS HELD VOID
Decision Of New York Courts Ap-
plies to Every State in
the Union.
Court Also Holds That States Are
Empowered to Tax Public
Franchises.

New York Sun Special Service. 49,. T
Chicago. April SO.-William E. Curtis
| in New York special to the Record
Herald says:
The papers contain the texts of two
decisions handed down by the court Of
appeals-the highest tribunal in the state
which have direct bearing upon ques-
| tions that are now perplexing Chicago.
One Of them confirms the authority OF the
state to tax franchises and the other pros;
nounces unconstitutional that clause In
the labor law which prohibits public conS
tractors from working their men more
than eight hours day. Both Of these
decisions have produced a decided sensa-
ton in New York city, and they pertain
with equal force and significance to ev
cry state in the union. Both Of them are
likely to be taken to the supreme court
of the United States. The street car
companies have already given notice that
they will appeal, and the Federation of
Labor which has been conducting the
eight-hour: crusade with so. much zeal
and success certainly ought to have the
opinion Of the highest tribunal in the
land as to whether the legislature OF. a
state can determine the length Of time
that the employer may or may not re
quire his men to work. The point is that
If people may be lawfully prevented from
working more than eight hours, they can,
with equal reason. and justice. be pro-
hibited from working more than SIX
hours, or four hours, or two hours, and
before the federation expends any more
time and effort in securing such laws
their constitutionality ought to be tested.
[ An interesting personal point connect
ed with this case is that Chief Justice
Parker who is so widely discussed as a
candidate for the presidency assented to
the opinion a1tho it was prepared and
rendered by Justice Cullen one OF his
democratic associates upon the bench.
Hitherto Judge Parker has been noted for
his extreme views upon labor questions
and his opinions rendered from the bench
have been Invariably favorable to the
contentious of the labor unions until now.
He has judicially approved boycott, the
right of a union to prohibit non-unlon
men from working, the union label and
the prohibition of the sale of prison made
goods and those who had followed his de-
cisions those issues were confidently
expecting him to sustain the eight-hour
law, but he has evidently taken no
thought Of the morrow, and has not con-
sidered the effect of his judicial opinion
upon the action of the democratic nat
ional convention in 1904. : s2'st T.
1t is pertinent also to- speculate. as to
the effect of this opinion upon the eight
hour bill now pending in congress. It
passed the house of representatives at
the 1aSL session.
by the senate committee upon education
and labor and has been earnestly sup
ported, perhaps for political reasons, by
the most prominent leaders Of both politi-
ical parties who were anxious last winter
to display their zeal in promoting it's pas
sage. Had it not been for the insistence
Of Senator Quay In forcing his, bill for the
admission of New Mexico and Arizona
upon the senate, the eight hour bill
would certainly have become a law, altho
considerably modified from the radical
and comprehensive form in which it
passed the house. -s--s
r The house bill went so far as to. prohibit
the use by the government OF the United
States and all contractors and other per-
sons employed by the government, of any
materials or merchandise or supplies of
any kind. for the army or the navy, or
the Indians or in any other branch of the
public service, made or produced by more |
than eight hours work day. -. i
This would apply to the farmers who
grow wheat that goes into the bread eaten
by the soldiers and sailors, and the cow
boys who herd the cattle from which their |
beef is made and the gardener who raises |
their vegetables. The senate committee
struck out this provision and another
which prohibited a man employed upon a |
government job from working more than |
eight hours, even If he wished to do So |
The bill as reported simply provided that
persons employed upon government work |
should not be required to work more than
eight hours a day.