The Cairo bulletin., 1905-04-18
United States Supreme Court
Knocks II Out
BY MAJORITY OF ONE
JUSTICE PECkHAM DELIVERED
THE MAJORITY OPINION,
JUSTICE HARLAN THE
MINORITY - n A S
WIDE BEARING.

Washington, April 17-The Unitet
States supreme court today decides
that the New York law making tel
hours a days work Is unconstitutional
The case was that of Lochner, hakel
in Utica, N. Y, who was found guilt,
OF permittirg an employe to work IL
his bakery more than sixty hours in s
week and fined $50. The judgment
was affirmed by the New York appel
late courts.
Today's opinion dealt entirely with
the constitutional question involved
Justice Peckham, who delivered the
opinion, said the law is not an acI
merely fixing the number of hours
which shall constitute a legal days
work, but an absoHte prohibition on
the employer permitting under any
circumstances more than ten hours
work TO be done in his establishment. "
interferes With Right of Contract.
He continued
The employe may desire to earn
the extra money which would arise
from his working more than the pre-.
scribed time, but this statue forbids
the employer from permitting an en-
ploye to earn il. 1t neces; arlly inter.
feres with The right of a contract be
tween employer and employees con
cerning the number of hours in which
the latter may labor in the bakery of
he fuhf tn IL,
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 deprive
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 exceptions
coming under the head of police pow.
ers of the state and after considering
that point at length concluded that
the present case did not fall WITHIN
thN pOiiNt DONti.
No Ground to Interfere.
THE question whether this act is
valid as labor law pure and simple
may" he said, 'be dismissed in few
words. There is no reasonable ground
for interfering with the liberty of per-
sons or the right of free contract by
determining the hours of labor in the
occupation of baker. Bakers are in
no sense wards of the state Viewed
in the light of purely labor law with
no reference whatever to the ques.
ton OF health we think that law like
the one before us Involves neither
safety, morals nor the welfare of pub
lie and that the interest of the public
is not in the slightest degree affected
by such an act. 1t is a question of
which of the two powers or rights
shall prevail-the power of a state to
legislate or the right of an individual
to liberty OF person and freedom OF
contract Mere assertion that the sub.
jcct relates to public health does rot
necessarily render the enactment val
id. An act must have more direct re-
lation as a means to an end and the
end itself must be appropriate and le-
gitimate before an act can be held to
be valid which interferes with the gen
eral right of an individual to be free
in his person Snd his power to con-
tract in relation to his own labor. We
think the limit of police power has
never been reached and passed in
this case"
He quoted statistics to show the
trade Of baker is not an especially
unhealthy one and said men could not
be prevented from earning a living for
their families
Can't interfere With Contracts.
He concluded: "It seems to us that
the real object and purpose was sim
ply to regulate hours OF labor between
master and his employees all being
men sui generis in private business,
not dangerous in any degree TO the
morals or in real and substantial dc
gree to the health OF the employees.
Under such circumstances freedom Of
master and employe TO contract with
each other in relation to their employ
ment and in defining the same, can
not be prohibited or interfered with
without violation of the federal consti-
tuition
Four Justices Dissented
Justices Holmes and Harlam both de-
livered dissenting opinions and JUS
ttces White and Day cohcurred in Jus
t!ce Harlan's views. In effect Harlan
held that all things considered ten
hours work each day from week to-
week may endanger the health and
shorten the lives of workmen, and
that the health and safety of the
people of state are primarily for the
state to guard and protect. and Is not
a matter ordinarily Of concern to the