Daily press. [volume] (Newport News, Va.) 1896-current, 1906-08-04
ACT IAFR|HGEs THE CONSTITUTION
Judge olmstcad States That Society
Leaders Should Be Brought Under
Its Scope as Well as the Factory
Hands-BiIl Of Rights Abridged by
the Legislature.
tBy Associated Press.3


law of New York restricting the2.la
Dor by women ana children to ten
hours IL day and sixty hours II. WeGH
in factories. WAS declared today by
Justice Olmsteud in Il decision hank
ed down In the Court of Special SEES.
sions, to be IAN unwarranted nSa.
sion of constitutional rights :"
The ruling was concurred in by
Justices Mexican and Deuel.: Judge
Olmstead declared that the law was
class Legislation. MI
Justice Olmstead said in his deci-l
sion:
TO labor and employ labor are In.
hcrent and innlienablc rights Of our
citizens and cannot he taken away IN
whole or In part unless upon tlit.
bread ground of public good. which
n'dst be apparent and cannot be pred
ltatcd upon legislative diCtum.
Abridges Citizens Liberty.
1T may he stated as q well settiau
legal proposition that the right to
labor and contract for that labor ~ y.
both liberty and p property ri i
when, therefOreS the legislatures ems
acts statute such rs that under con.
Sideration, 1t must he admitted that
1t has inlringed in the enactment tbs
rights which are very clearly accord
ed by the Constitution to the ind:yitl-
llal citizen.
The people, therefore, are called
upon To Justify this invasion and
there Is but one plea In justiflcatlon;
mat the statute was enacted to pro,
tect the comfort, welfare anu safety
OF the whole people, and the indlyid.
ial must suffer this cnrtailment of
MS granted rights in The interest Of
the common good.
Both Equally Involved.
I'm the case under consideration
the right of the employed and the
right of the employer are equally, In.
volvcd. Nothing to the contrary APP
pearing, 1t must be assumed that the
woman was a willing worker for n
willing employer and that the result
was mutually satisfactory and prof
liable.
THE present Constitution of tho
State of New York was adoptcd IN
1884 and became effective January
1898. All of the rights were con
ffrmcd by that document. One cf
these rights certainly was the right
TO contract for her labor and 10 work
when and where she pleased without
reference TO the position of the hands
upon the dial of the clock.
Legislature Interfered.
II was not until four years later
mat the law making power placed the
limitation u'ider consideration upon
them. What was the Legislative in
tent In doing this? The attorney-gen,
eral finds and urges no other reason
IMAM that the general welfare of the
state demands that the progeny of
women of the factories shall have
mothers with healthy bodies to the
end that the State may have sturdy
citizens.
Does the State look to the little
children of the factory women for its
future good citizens? Why should
me housewife. tho woman who
lois at home, In mercantile houses.
III OFFICES. Or she who tolls not Mt al,
the society .woman-be cxcmDt
from Legislative interference. injunct-
I've or mandatory laws for the Same
reason? Some of them may he mo,r-
ers of future citizens and IL sijorId
ne OF as great, interest to the States
that their progeny should have pro.
per birth and breeding to conserve
it's welfare"
Acknowledgement Mayer announced
that he would appeal from the deri.
sion.