Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1905-04-19
HOLDS LABOR
STATUTE VOTE!
Supreme Court Holds New York Law
to lie Unconstitutional.
PROHIBITS OVERTIME
Four Members of the Highest Judi
ciary In the Nation DO Not CO.
incide In the Opinion as
HANDED Down.

| Washington, April 1s.-ln declarinf
the law of New York state prescribing
ten hours as days work and sixt.
hours weeks work to be unconstii
tutional, Justice Peckham OF the Unit
ed States supreme court. who handed
down the decision. held that I
an act merely fixing the number O.
hours which shall constitute a lega
days work. but an absolute prohibi,
ton of the employer permitting undei
any circumstances more than tel
hours TO be done in his establishment
He continued: 1.-THE employe may de
sire to earn the extra money which
would arise from his working mon
than the prescribed time. but this stat
ute forbids the employer from permit
ting the cmploye to earn II. 1t nee
essarily intcrferes with the rig is tf
contract between employer and emf
ployes. concerning the number OF houts
in which the latter may labor In the
bakery Of the employer The genera
right TO make n contract in relation to
his business IS part of the liberty OF
the individual protected by the four-
teenth amendment to the Federal con-
stitution.
Under that provision no state can
deprive any person OF life. liberty or
property without due process OF law
The right TO purchase or to sell labor
IS part of the liberty protected by this
amendment unless there are circum-
stances which exclude the right
The Justice referred to the excep-
tions coming under the head of the po-
Lee power of the state. and after con-
sidering that point at length. con-
cluded that the present case did not
fall within police power.
The question whether this act is
valid as n labor law. pure and simple.
said he, may be dismissed in a few
words. There is no reasonable ground
for interfering with the liberty OF
persons of the right OF free contract
by determining the hours of labor in
u r occupation oi a baker. Bakers are
I'm no sense wards of TIE state. Viewed
in the light of n purely labor law with
no reference whatever to the question
OF health. we think that law like the
Vic bFAbl hN llNbiNtSH Ailt Sstltlls lOs
the morals. nor the welfare of the pub
lie interest.
at 3 a question of which of two
powers or rights shall prevail-the
power OF the state to legislate or the
right OF the individual to liberty r
mere assertion that the subject re-
lates 10 the public health does not nee
fsf1N- f..aFRAaf h.. r4r x-a.f.l
The act must have a more direct rela-
ton as a means TO an end and the end
itself must be appropriate ami legit-
Innate before an act can be held to be
valid which lnterferes with the gen.
eral right OF an individual to be free
In his person and his power TO contract
In relation 10 his own labor We think
the limit OF the policy power has been
reached and passed in this case"
He quoted the statistics to show that
the trade Of baker IS not an espe-
cially unhealthy one and said men
could not be prevented from earning a
living for their families. He conclud-
ed: 1T seems to US that the real OBJ
ioct and purpose was simply TO regu-
late the hours of labor between the
master and his employees. all being men
sui juris In a private business not dan
gerous in any degree to morals or In
any real and substantial degree to the
health anf the employees.
Under such circumstances the free
dom OF master and employee 10 con-
tract with each other In relation 10
their employment and defining tn
same. cannot be prohibited or inter-
ferred with without violating the fed
ertl constitution"
Justice Holmes and Harlan both de
livered dissenting opinions and Justice
White and Day concurred in Judge
Harlan's views
The law involved IN the case IS sec
ton 10 OF the New York state labor
law prescribing the hours Of labor IN |
IN the states Lochner Is n |
baker in the city Of Utica and was
found guilty OF permitting an employe |
70 work in his bakery more than sixty |
hours In a week and fined $50. The |
judgment was affirmed by the New
York appellate court. The opinion |
dealt entirely with the constitutional |
question involved.
MADE a NIGHT ATTACK