Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-08-09
LABOR LAWS VOID
New York Judge Says the Right
to Labor Is an Inalien-
able One.
TEXT OF THE DECISION.
The state sought TO Limit the
Hours in which Women ana
ChiIdren May BE Employed
in FactOries.

New York, Aug. THE state Jaw
~ New York restricting the labor py
women and children to ten hours
dav and go hours week In q factory
was declared Friday by Justice JIM
stead in a decision handed down In
the court Of special session to be an
"unwarranted invasion of constitution
al rights" The ruling was concurreo In
NV Justices Mexican and Deuel..
Justice olmsted said in his decision:
"To labor and employ labor are IN
berept and inalienable rights OF our
citizens and cannot be taken away IN
whole or in part unless upon me
broad ground Of public good when
must be apparent and cannot %
predicated upon legislative dictum.
1T may be stated as a we'll settled
legal proposition that the right 70 ~
bor and contract for that LABOR III
both a liberty and q property risnt;
when. therefore, the Legislature enac"
a statute such as that under consider
alton. II must be admitted that II
has infriaged in the enactment the
rights which are very clearly accord
ed nv the constitution to the individ'
ual citizen. The people. tnerelofe'
, are called upon to Justify this inVa'
sion. and there Is but one plea IN JUS
tiAcation; that the statute was en-
acted to protect the comfort. welfare
and safety Of the whole people, ana
the individual must suffer this curtai''
ment Of his granted rights In the In
terest Of the common good.
'The present constitution OF inc
state Of New York was adopted In 1884
and became effective January l. 1880
All of the rights which adult women
possessed at that time were connlmeo
nv that document. One of those rignta
certainly was the right to contrac.
for her labor and to work when an0
where she pleased without referenc'
to the position Of the hands upon tn'
dial of the clock. 1t was not untl
four years after that the law makinl
power sought to place the llmitatlol
under consideration upon them. VIVA
was the legislative intent In DOM
this? The attorney general finds am
urges no other reason than that IN
general welfare Of the state demand
that the progeny Of women OF Tn
factories shall have mothers VIII
=, healthy bodies to the end that IN
y state may have sturdy citizens Doe
). the state look merely to the childre
of the factory women for its lutul
good citizens? Why should the mouse
wife. the woman who tolls at hom'
/. IN mercantile houses, in ofilces, or sn
IL who tolls not at all--the society w
It man--be exempt from legislative II
q terference, injunctive or mandator!
d for the same reason? Some OF thei
g NAV be mothers of future citizens an
G. It should be Of as great interest
r. the state that their progeny snoul
If have proper birth and breeding TO Col
l. serve its welfare. If this question
70 future citizenship is the only excu'
l. for the assumption of police powe
l. what becomes of the rights Of the MOI
IL child bearing woman, considerab
class?"
Attorney General Mayer announc'
Friday night that he would appe
70 from the decision of the court
n, 81 will carry the case, If needs DC
r he said, ITO the United States s
IN preme court so long as the question
~ ccnstitutionality Of the status has be
a. raised"