The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-04-26
The River Press.
Published every Wednesday Morning
by the River Press Publish-
ing Company.
AFFECTING LABOR LEGISLATION.

A decision recently rendered by the
United States supreme court is OF con
siderable public interest in Montana
and other states in which Legislative
assemblies have undertaken to regu'
late laws of labor by statutory pro.
vision. In this state the Legislative
assembly passed an act making eight
hours q days labor in mines and
sm elters, and at the election last No
Der it was decided by popular
vote to incorporate this measure in
the state constitution in the form Of
an amendment.
The decision handed down by the
United States supreme court related
to a state law of New York which de-
fined the length of a days labor in
bakery establishments located in that
state, the Ease passed upon being that
of the proprietor of a bakery who had
been fined for violating the provisions
of that law. The decision holds that the
enactment is unconstitutional for the
reason that it ssum to deprive citi-
zens of the right to work for any
length Of time they may desire.
"The employe may desire to earn
the extra money which would arise
from his working more than the pre-.
scribed time" says the opinion, ''but
this statute forbids the employer from
permitting the employe to earn it. 1t
necessarily interferes with the right
OF contract between employe and en-
plOyer concerning the number of
hours in which the latter may labor.
The general right to make a contract
In relation 10 his business is part OF
the liberty of the individual, protected
by the l4th amendment to the federal
constitution. Under that provision,
no state a deprive any person OF
life, liberty or property without due
process of law. The right to purchase
or to use the labor is part of the liber.
ty protected by this amendment, unless
there are circumstances which preclude
the right"
1t is inferred from this decision, as
reported in the newspapers, that in the
absence of a contract or agreement
between employer and employe, the
hours OF labor prescribed by state. law
shall govern, but there can be no legal
impeachment to 1T understanding be.
tween employer and employe as to
how many hours shall be considered
q days work. The liberty to enter
into such an agreement is guaranteed
by the federal constitution. AS to the
effect Of this decision upon Montana
labor legislation, a prominent Butte
attorney is credited with these views;
"The supreme court decision will
not affect Montana's eight-hour law,
for that is a part of the constitution
as we'll as a statute. The working
men OF this state are protected
by the constitution. The supreme
court in its decision, however, brings
this fact strongly to the public
notice. No law can stand in the way
of the private contract. The constr
tuition says, the right Of private on
tract shall be inviolable.' This means
nothing more nor less than that a
nan can contract with his employer
to work 10, II or Ii hours If he de.
sires, for a days pay, and it would be
illegal for any person to attempt to
prevent him.
1.-THE decision in brief implies that
while no employer can force a man to
work more than eight hours for a
days pay, he can, by private contract
with his employe, have that employe
work any number of hours for aday's
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