Daily press. [volume] (Newport News, Va.) 1896-current, 1905-04-18
Judge Alton 9. Parker's Opinion
Reversed by United States
Supreme Court.
rtN-HolR ray IN BAKERIES
Highest Tribunal Holds That Liberty
of the Individual Was at Stake and
That Poli,e Power of the Common.
wealth Did Not Extend to Such Mat.
tcrs.
tiers,


WASHINGTON. d. G.. April lin
an crinion by Justice pcckham. The
supreme CCur III The United States
today ,:cld to be unconstitu; onal. the
New York State law. making tan
hours Il days work and sixty hours n
weeks work in bakeries in that State.
justices Harlan, White. Day and
ilClmcs disscntcd ana Justice Harlan
declared that Ii" Important decision
lad iccn rendered in the last century
The opinion Was llanded down in The
case ct l.cckncr VS.. the State OF New
York. ani was based On the ground
that the law inicrrcrcs with the free
exercise Of the rights OF contract he.
iwceE Individuals. The Court Of APP.
pcnls of the State upheld the law and
affirmed the judgment of The trial court
holding l.ocliner guilty. Judge Parker
wrote Ire opinion OF The New York
Court CT Appeals supporting the Law
and lie court divided four to three on
Tie question Of validity.
l-ockner Violated the Law.
l-ockneris q baker who was found!
sui't of.5ipefmitti an employee 10
work in his bakery more than sixty
hours i'll week.
Justice Peckham said that tho law
Is moi an act merely fixing the number
of hours which shall constitute legal
days work hut an absolute prohibition
on the employer permitting, under any
circumstances, more than ten hours
work 10 he done in his establishment:
10 continued: 1T necessarily inter.
Tered with the right of contract be-
tween the employer and employees, con.
cer:lins The number OF hours in which
The latter may labor in the bakery OF
the employer The general right 10
mako contract in relation to his bust.
ness is part Of the liberty of the indi.
vil'ial. protected by the Fourteenth
amendment TO the Federal Constitutions,
a,Gcr which no State can deprive any
person Of life. liberty or property with.
out dna process Of law. The right to
purchase or TO sell labor is part of In.
liberty protected by this amendment
unless there are circumstances which
preclnic The right"
AS to States Police Power.
The Justice referred TO the exccp.
tions coming under the head of the
nolice powers of the State. and, after
considering that point at length, con.
cludcd that the present case did not
fell within the police power.
The question whether this act Is
valid as labor law pure ard simple
may" he said, be dismissed in few
words. There is no reasonable ground
TO: interfering with the liberty OF per
son OF the right of free contract, by
determining the hours Of labor. in the
occupation of bakery. Bakers are in
no sense wards of the State. Viewed
i'll the light of a purely labor law, with
no reference whatever to The question
OF health. we think that n law like the
one before us involves neither the safe
~, the morals nor the welfare of the
public and tGat the interest of the pub
lie is not III the slightest degree af.
fcntod ly such an act 1t is n question
OF which of two powers or rights shalt
brevaii--the power of tho State to Les.
islate or the right of the Individual 10
liberty OF person and freedom OF cnn
tract We think The limit Of the nolirc
power has beea reached ard passed in
this ease