Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-04-18
New York's 8-Hour Law
Is Unconstitutional.
important Decision from United
States Supreme Court.
Northern Securities Decree-pecision
Against seavers-other Cases.


by Justice Peckham the Sunreme
Court of the United States held
20 be constitutional the New York
State law. making eight hours a days
work, and 80 hours Il weeks work in
bakeries in that state. Justices Har-
Ian. White. Day and Holmes dissented
and Justice Harlan declared that no
more important decision had been rem
'iered in the last century.
Tie opinion was handed down i'm
The case of Lockner vs. the State of
New York. and was based on the
ground that the law interferes with
he free exercise o: the rights of con-
ract between individuals. The Court
If Appeals of the state upheld the
aw and affirmed the judgment of the
Trial Court. holding Lockner guilty
'uds" Parker wrote the opinion Of the
New York Court Of Appeals supporting
he law and the court divided four to
hree on the question of validity.
Tha law involved IL the case is Sec
ton 10 of the New York State labor
law prescribing the hours of labor in
bakeries in the state. Lochner is a
akcr i'll the city of Utica and was
cund guilty of permitting an en-
'.ioEe TO work in his bakery more than
30 hours in a week ANA fined $50 The
Judgment was affirmed by the New
York Appellate Courts.
TOday's opinion dealt entirely with
he constitutional question involved.
Justice Pcckh1m said that the law is
not an ACT merely fixing the number
of hours which shall constitute a le-
raj days work. but an absolute pro-
hibition on the employer permitting
Under any circumstances more than 10
hours work to be done in his establish
nient He continued.
1.-THE employee may desire to earn
the extra money which would arise
from his working more than the pre-
Scribed time. but this statute forbids
the employer from permitting the en-
ployee to earn it. 1t necessarily inter-
iereS with the right of contract be-
tN cen the employer and employees, con-
corning the number of years in which
toe latter may labor i'm the bakery of
tie employer. The general rights to
make . contract in relation to his bus
iftSs is part of the liberty of the indi-
vidual protected by the 18th amend
ment to the federal constitution. Tn
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 circum-
stances which exclude the right
The justice referred to the exceptions
coming under the head Of the police
powers Of the state and after consider
ing that point at length, concluded that
the present case did not fall within
the police power.
1.-The question whether this action is
valid as labor law pure and simple
may" he said. "be dismissed i'm a few
words. There is no reasonable ground
for interfering with the liberty of per-
sons or the right of free contract by
dete rmining the hours of labor in the
Ocrupa ion 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 law like the
ty. the morals, nor the welfare Of the
public and that the interest of the pub
lie is not in the slightest degree affect
cd by such ar act.
1T is a question of which of two
power Of rights shall prevail-!he
power Of the state to legislate or the
right of the individual to liberty of
person and freedom of contract. The
mere assertion that the subject re-
lates to the public health does not ne
cessarily render the enactment valid.
The act must have more direct re-
lation as a means to end and the end
itself must be appropriate and legiti-
mate before an act can be held to be
valid which irterferes with the right
of an individual to be free in his per
son and in his power to contract in re-
lation to his own labor. We think the
limit of the police power has been
reached in this case"
He quoted statistics to show that the
trade Of baker Is not an especially |
unhc althy one, and said men could not
(Continued m Pare TWO)