Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-18
FIXING THE WORK DAY
UNCoNSTITUTIoNA OF THE
NEW YORK Law.
Held by the Supreme Court to Be an
Invasion of the Rights of the
Individual.

Tie decision of the United States Supreme
Court yesterday regarding the unconstitu-
tonahty of New York law prohibiting
workday of more than ten hours in a bak.
cry Is of more than ordinary interest. The
law involved in the is section no of
the New York state labor law prescribing
the hours of labor in bakeries in the state.
Lochher is IA baker in the city of Utica and
was found guilty of permitting employee
to work in his bakery more than sixty
hours in week and fined 500 The judg-
ment was affirmed by the New York appel
late courts.
Yesterdays opinion dealt entirely with the
constitutional question involved. Justice
Peckham said that the law is not act
merely fixing the number of hours which
shall constitute a legal days work, 'but
absolute prohibition on the employer
permitting under any circumstances more
than ten hours work to be done in his es-
adjustment" He continued:
Interference With Rights.
'The employee may desire to earn the
extra money which would arise from his
working more than the prescribed time but
this statute forbids the employer from per-
hitting the employe to earn it. 1t neces-
sarily interfered with the right of contract
between the employer and employees. con-
latter may labor in the bakery Of the en-
ployer. The general right to make con-
tract in relation to his business is part
of the liberty of the individual. protected
by the fourteenth amendment to the fed
eral Constitution. 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 amend
ment, unless there are circumstances which
exclude the right" The justice referred to
the exceptions coming under the head of
the police powers of the state. and after
considering that point at length, concluded
that the present did not fall within the
police power.
THE question whether this act is valid
as a labor law pure and simple may he
said, "be dismissed in a few words. There
is no reasonable ground for interfering with
the liberty of person the right of free
contract by determining the hours of labor
In the occupation of a baker. Bakers are
in no sense wards of the state. Viewed in
the light of a purely labor law, with no
reference whatever to the question of
health. we think that a law like the one
before involves neither the safety the
morals nor the welfare of the public. and
that the interest of the public is not in the
slightest degree affected by such an act.
1t is 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 of person and freedom of con-
tract. The mere assertion that the subject
relates to the public health does not neces-
sarily render the enactment valid.
The act must have more direct relation
as a means to an end and the end itself
must be appropriate and legitimate before
an act can be held to be valid which inter-
feres with the general right of an indi-
vidual to be free in his person and in his
power to contract in relation to his own
labor We think the limit of the police
power has been reached and passed in this
case"