The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1905-04-18
labor STATUTE l0iIl:
fupreme Court Holds yew York Law
to lie Unconstitutional.
PROHIBITS OVERTIME
Four Members Of the Highest Jadi.
csarE In the Nation DO Not Coz
ineide In the Opinion as
Handed Down.

washington. April fs-In declaring
the law Of New York state prescribing
ten hours as days work ana s4xtv
hours e weeks work to be unconstl-
tuuonal, Justice Peckham OF the rTn,t-
ed states supreme eea~:: who handed
down the decision held that II
an act merely axing the number az
hours which shall constitute a legal
days work, but an absolute prohibit
ton OF the employer permitting under
any circumstances more than ten
hours 10 be done In his establishment
He continued: "The empioye may de-
sire 70 earn the extra money which
would arise from his working more
IMAM the prescribed time, bur this stat
ute forhids the employer from hermit
ting the ompioye TO earn II. II nee
eSsarily tnterferes with the rights OF
contract between employer and em-
pioyes, concerning the number Of hours
~ which the latter may labor I'm the
bakery ~ the employer Ths general
right 10 make contract in relation Ia
his business Is part OF the liberty Of
-FOUR
feenth amendment 60 the Federal con-
stitutfoa
Under that provision no state can
deprive any person 81 life. liberty or
property without due process of law
The right 10 purchase or 80 soil labor
r. part Of the liberty protected by this
amendment unless there are circufn
stances which exclude the right"
IA Ara a
lions coming under The head Of the po~
lice power of the state. and after con-
Sidsrtug that point 81 length con-
eIuaed that the present case did not
faN Within police power
Tire question whether THIS aee Is
valid az 8 labor lay. pure and simple.
said he. uay be dismissed In a Few
words. Th@re ia no reasonable ground
for interfering With the liberty az
persons OF The right % free contract
by determining the hours ~ labor in
tire occupation of q baker Bakers are
Fri no seass wards ~ the strta. Viewed
tn the light ct a purely labor taw with
10 reference whatever to the question
81 health, We think hat las like the
one before us Involves the safety. nor
the morals. nor the aelfare of the pub
bic interest
1T Is q question Of which ~ two
rowara or rights shall prevAu-thx
power ~ fhe state 80 GeRtslate or the
right ~ she individual 20 liberty At
r%rsngl and freedom ~ contract The
rnere assertion skas the subtle, re-
iaEss 70 TIRE publfc health does NOT Nee
s*sarsly render the enscsuusst yalEI
Tire act ssasi have uere direct reIa-
tlaD NJ rataae 10 an end axd the end
isasgf maaaf b# appropriate AMI lagtg-
3rsHAEs before an act ean be aeld to he
valid 81 hENh t0ierferea ~lth the gen
sral rtaaf ~ an individual so ba free
III his f@r@ou ana his power 70 contrast
tn relation 70 f8ts owru ah0s we mink
The 3na&t 81 tae policy power has bran
reached and PASSED Ira this ease"
He quoted the statistics t0 shs@ that
tfe trade Of = baker IS not an eepe-
ssaS}F unhealthy one and sald men
could mot BE- prevented from earning
living fuy their families. He conCtud-
80 ~ seems 60 rs that the real ub-
fscf and purpose WAS simply To resa-
late the hours ~ labor between tha
master and him employees All being men
Eu& jgris FRI private business rot dan
Esrous IN any degree TO morals or IN
any real and substantial degree to the
health AM ths employees
Vnaer such circumstances the frna-
a0tn - master and onpluyc 70 con-
tract with each other Sea relation %
thsir employment and defining thu
eAFne. cannot be prohibited or Inter
ferYed WITH without violating the fed
erat constitution"
justice Holmes and Harlan both de-
livcred dissenting opinions and Justice
Fhits aud Day caueurred IN Judge
HarlAns views
The lax gn volyed in ths case IL ser
ton Tie - tire Nes YORK state labor
iaw pfescyihiux the hours ~ labor lu
bakeries IN tne states Lnchnsr Is a
baker in ths city ~ Utica and was
found guilty If psFmiftinN al EMPLOY
go work In his bakery more than sixty
hours m a week and nned $50 'rts
Judgment was affirmed ~ the ~sW
York. aITeliate eaurt. The oIintea
dealt entirety With the constitutional
question fvoiSod