The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-04-19
ABRIDGES RIGHTS
new YORK TEH.nodk DAY Law
HELD volD.
FEDERAL Supreme Court Hands Down
Opinion Vhlch Is Regarded as
Highly Important Rem.
dered Entirely on ConstiiutlonsI
Grounds.

oereo Entirely on Constitutional
Grounds.
Washington, April 18.-In an opin. |
ion BY Justice Peckham the supreme
court Of the United States has held to
be unconstitutional tho New York
State law making ten hours a days
work and sixty hours weeks work In
bakeries in that state. Justices Har- |
Ian. White, Day and Holmes dissented.
and Justice Harlan declared that NO |
moro important decision had been rem.
dered In the last century.
Tho opinion was handed down In the
case Of Lockner W. The State Of New
York and was based on the ground
that the law interferes with the free
exercise Of the right Of contract be.
tween individuals. The court Of ap.
psals Of tho state upheld tho law and
affirmed the Judgment Of the trial
court, holding Lockner gully. Judge
Parker wrote the opinion Of the New
York court Of appeals supporting the
law and the court divided four to
three ON the question of its validity.
The law involved in the case 10 Sec
ton 10 Of the New York state labor
law prescribing tho hours Of labor in
bakeries Of the state. Lochner 10 q
baker in the city Of Utica and was
found guilty Of permitting an employe
to work in his bakery more than go
hours in week and fined $50. The
Judgment was affirmed by the New
York Appellate courts.
Judge peckhsm's Decision.
The opinion dealt entirely with the
constitutional question involved. JUS
tice Peckhsm said that the law IL not
an act merely fixing the number Of
hours which shall constitute legal
days work, but an absolute prohibi-
ton upon the employer permitting nm.
der any circumstances more than ten
hours work to be done in his estab-
lishment. 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 statute forbids
the employer from permitting the EN-.
ploye to earn it. It necessarily inter.
feres with the right of contract be.
tween the employer and the employed
concerning the number Of hours in
which the latter may labor in the bak-
cry Of the employer. The general
right to make contract in relation to
his business is part Of the liberty Of
the individual protected by the Four.
teenth amendment to the federal con.
stitution. Under that provision no
state can deprive any person Of life,
liberty or property without due process
Of law. The right to purchase or sell
the labor 10 part of the liberty protect.
cd BY this amendment unless there are
circumstances that exclude the right"
Dissenting Opinion.
Justice Holmes and Justice Harlan
both delivered dissenting opinions and
Justices White and Day CONQUERED in
Justice Hsrlan's views. He said In
part:
II do not stop to consider whether
any particular view of this economic
question presents the sounder theory.
The question is one about which there
IL room for debate and for an honest
difference Of opinion. No ono can
doubt that there are many reasons,
based on the experience Of mankind,
in support Of the theory that all things
considered, more than ten hours steady
work each day from week to week, in
. bakery or confectionery establish.
ment may endanger the health and
shorten tho lives Of workmen.
IF such reasons exist, that ought
to be the end of this case. for the state
10 not amenable to the judiciary in 70.
spect Of its legislative enactments, nm.
less such ensctments are plainly, pal
pably, beyond all question, inconsist-
emit with the constitution Of tho United
States.
"Our duty, then, 10 to sustain the
statute 20 not being In conflict with
the federal constitution for the reason
and such 10 An all sufficient reason
it 10 not shown to DO plainly and pal
pably inconsistent with that instru.
ment. Les the state alone in the man.
agement Of it, purely domestic Affairs,
20 long - It does not appear beyond
all question that 1t has: violated the
federal constitution. This view nee.
essarily results from the principle that
tho health and safety Of . state arc
primarily for the state to guard and
protect, and 10 not matter Of ordi-
nary concern to the national govern
ment."
leeCh Severely CenSured.
Warrington, April l7.-Arnold +.
Leach, special agent Of the general
land once, who 10 quoted In dispatches
from Tacoma n. declaring that he has
unearthed tremendous land frauds In
Washington, has been called severely
10 account by Land Commissioner
Richards. He 10 informed that the
sensational reports publishsd arc not