New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-06-15
NO SEX DISCRIMINATION
WOMAN NOT STATE WARD.
Court Of Appeols DisappoUes Regu-
lating Her Hours of Labor.

Albany June 1.-THE Court of Appeals in de-
cision handed down to-day set its seal of disap-
proval the attempt regulate by legislation the
hours of in gainful occupation. In the case
of People agt Williams, the court affirms the judg-
ment of the courts below and justifes the attack
by Senators SAKE and Cassidy on the Hooper bill,
defeated last week in the Senate, which purposed
extend the Limitation of hours in factories, now
overthrown so as to apply them to department
stores Judge Gray, writing the opinion of the
court, says, in part:
think that the Legislature. in preventing the
employment OF adult woman in a factory ana
the morning or after o'clock in the evening. has
state to the exercise of the power to interfere with
Under our laws men and women now stand alike
in their constitutional rights, and there is no war
rant for making any DISCRIMINATION between 'lenn
with respect to the liberties of persons or OF con-
/ find nothing in the language of the section
which suggests the purpose OF pronotlhs neaItil
except that il might he inferred that for n woman
work during the forbidden hours of night would
be unhea thful If the Inhibition OF me Sert ON ~
question had been framed to prevent the ten hours
long them beyond o'clock in the evening: it might
re4 w he o e9s ts
That is not the effect sense of the provision
of the section with which alone are dealing
It was not the case upon which this defendant
convicted If this enactment is to he sustained
titled as such all The rights Of citizenship under
our laws. may he employed ror contract to
work in any factory for any period OF une, no
matter how short II it is within the pronlol.eed
healthfulness of the employment
II is clear. : il me. that this legisa-
ton cannot and should not be upheld AS proper
exercise OF the police power II Is ceftalnIy nlS-
crimnative against female citizens in denying to
them equal rights with men in the same pursuit
The courts have gone very far in unfolding lesiS-
lativc enactments framed clearly for the welfare
comfort and health of the community, and that a
wide range i'm the exercise Of the police power Of
the state should he conceded 90 not deny. Rnt
when IT is sought under the gnse of a LABOR law
arbitrarily here. 10 prevent an adult female
citizen from working At any time Of the day that
suits her l think II IS time to cal n halt. 1t
arbitrarily depriVes citizens Of their right 10 con
tract with each other The tendency Of legislatures
I'm the form Of regulatory measures to interfere
marked I'm this country, and II behooyes the
firmly and fearessly 10 interpose the barriers
legislative acts plainly transCending the powers
conferred by the constitution upon the legislative
body.
The Court Of Appeals also sustained the iudg-
ment Of the courts below in declaring unconsttu-
tional the section of the Penal Code penalizing
violations of tho factory with regard to hours
of womens labor in factories.
The case was that Of the people against David
Williams. The opinion, by Judge Gray. says in
part:
In this section OF the labor law IT Will be Oh
served that women are Classed with minors under
the OF eighteen years, for which there IS no
reason. The right Of the state as parens ratrine
20 restrict or regulate the labor and employment
Of children is unquestonabe; but adult female
any other light than the IS regarded when
ne question relates TO the business. pursuit
calling
IN the gradual Of legislation upon the
rights Of a in this state she has n
possess all the responsibilities Of the man. and
Is entitled 20 be placed an equality of rights
farences sentimental and find no proper place
IN the discussion Of the constitutonaty Of the act