The labor world. [volume] (Duluth, Minn.) 1896-current, 1905-12-23
MISs0URI's HIGHT
HOUR LAW UPHELD

Chief Justice Fuller of the United
States supreme court has handed
down a decision upholding the con-
stttutionality of the eight-hour law
in the state of Missouri. The decision
did not go into any extended. argu-
ment on the law in the case. but SIM
ply affirmed the decision Of the cir
cult and supreme courts OF Missouri.
both of which upheld the law some
time ago. "a
It is only recently that the same
court held the ten hour law for bak-
ers in the state Of New York to be
constitutional In Missouri the law
applies only to miners who work un-
der ground, and a precedent was e.
tablished a few years ago when 4
similar law in the state of Utah was
upheld
There are some who see an fncon-
sistency on the part of majority Of
the judges Of the supreme court in
holding an eight hour law constitu
tional in one state and ten hour law
unconstitutional in another, but it
would appear that it is entirely q
question of whether the occupation
which is being regulated is danger
Gus In a particular degree to the
health of the workers. 1t is true
the New York law was declared un-
constitutional by the smallest ma
jority possible, and the death of one
judge and the elevation of another
to the supreme bench might change
the verdict.
The. Importance of the decision,
however, lies in the fact, which has
been established, that state legisla-
lures have the power to regulate
the number Of hours which partic-
ular class of workmen may labor.
Nothing can be more important than
this. We hear so much today about
the liberty guaranteed men under
the constitution Of the United States,
that it is we'll to know that there are
some things which the individual Is
not at liberty to do.
Where the health and safety Of
the worker is involved to an extra
degree. 1t Is we'll to know that the
law can step in and protect him from
the greed and rapacity of an employ
er. It is not enough to say that the
worker is willing to work ten or
twelve hours a day. The worker is
at disadvantage, and in many in
stances Is, through force of circum-
stances, compelled to assent with
seeming willingness to any conditions
which his employer sees At to impose.
Again, there are individual work
10 ~ tH.n+ ~
their employers. They are willing
to work any number OF hours If they
can earn q few more cents by doing
so. They are strong physically and
they care nothing for others. Such
men must be: proteots1 FROM them
selves.
The case in which the appeal was
taken. is known as Cantwell vs.. the
State of Missouri. The legislature
of Missouri In 1901 passed \ law
prohibiting the working of miners
more than eight hours a day. H.
j." Cantwell of St. Louis. who owns
and operates lead mine IN Madison
county, deliberately violated the law
in order to have it tested. He en-
ployed the best legal talent that
could be procured, but was defeated
in both the circuit and suprsme
courts of Missouri. The other mine
owners obeyed the law but secretly
aided Cantwell in his fight against
1t.
The chief point. made by Canrwcll
against the law was, that the legis-
lature had no right to provide that
one class Of workmen should work
eight hours and make no provisions
for other classes. Besides, he con-
tended that his men were w.'rking
ten hours voluntarily, without any
cCn.pulsion on his part.
The decision will have a sanitary
efft ct in establishing once for all TIE
right of state legislature to enact
laws to regulate the hours of labor
in hazardous occupations.