The San Francisco call., 1905-04-18
TEN HOUR LAW
KNOCKED OUT
New York Statute Pertaining
to Employment in Bakeries
Is Held Unconstitutional
SUPREME COURT RULING
Decision Made on Grounds
That It Does Not Conform
to Fourteenth Amendment

WASHINGTON. April 17--In an
opinion by Justice Peckham, the Su-
preme Court of the United States to-
day held to be unconstitutional the
New York State law making ten hours
a days work and sixty hours a weeks
work in bakeries in that State. JUS
dissented and Justice Harlan declared
that no more important decision had
been rendered in the last century.
The opinion was handed down in the
case of Lofen VS.. the State Of New
YORK and was based on the ground
that the law interferes with the free
exercise of the rights of contract be-
tween individuals. The Court Of Ap-
peals of the State upheld the law and
affirmed the judgment of the trial
court holding Lofen guilty. Judge
Parker wrote the opinion of the New
York Court of Appeals supporting the
law, and the court divided four to
three on the question of validity.
The law involved in the case is sec
ton 10 of the New York State labor
law prescribing the hours of labor in
bakeries in the State. Lofen is a ba-
ker in the city of Utica and was found
guilty of permitting an employe to
work in his bakery more than sixty
hours in week and fined $50. The
Judgment was affirmed by the New
York Appellate Court.
To-days opinion dealt entirely with
the constitutional question involved.
Justice Peckham said that the law Is
not an act merely fixing the number of
hours which shall constitute a legal
days work, but an absolute prohibition
upon the employer permitting under
any circumstances more than ten
hours work to be done in his establish
ment He continued:
'The employe may desire to earn the
extra money which would arise from
his working more than the prescribed
time, but this statute forbids the en-
ployer from permitting the employed
to earn it. 1t necessarily interferes
with the right of contract between the
employer and employed concerning the
number of hours in which the latter
may labor in the bakery of the en-
ployer. The general right to make
contract in relation to his business is
part of the liberty of the individual
protected by the fourteenth amend
ment to the Federal constitution. I'm
der that provision no State can de-
prive 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
circumstances which exclude the
right"
The Justice referred to the excep-
tions coming under the head of the
police powers of the State, and, after
considering that point at length, con-
cluded that the present case did not
fall within the police powers.
He quoted statistics to show that the
trade of baker is not an especially
unhealthy one. and said men could not
be prevented from earning q living for
their families. He concluded:
ut seems to us that the real object
and purpose was simply to regulate
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 of the employe. Under such cir
cumstances the freedom of master and
employe to contract with each other
In relation to their employment and In
defining the same cannot be prohibited
or interfered with without violating
the Federal constitution"