New-York tribune., 1908-03-23
ADAPTING LAW TO NEW CONDITIONS.
Federal Supreme Court at Odds with New
Yorks Highest Tribunal.
From a. speech OF Justice Cuthbert ". Pound to
the Economic League of Lockport.

From a speech Of Justice Cuthbert w Pound to
the Economic League of Lockport
Tho T-nited States is to take the position that
the judgment Of the state Legislature as TO the
almost eOnclusye as ag21.t the me cn ass 81 pefso5
aIy deem to be good public policy is not the test
However little the courts may Ike the measure
thew must sustain the act unless IT clearly in,
terferes with plainly expressed constitutional
Two recent failures may be noted on the part
Of courts to check the attempt OF LEGISLATURES to
particularly to the relations between eIpSoerS M +
and employees One in this state, When 1he C9urt
TO regulate the rate of wages and hours OF labor
of employees OF municipal contractors and one , IN
an eight hour day for miners was unconstitu-
fionsi In each case the lesson was immediately
Courts cannot be permanently at variance WIN
me Ie demonstrated that their Interpretation of the
D,hiir noIirv was at variance with that of the
courts BY promptly amending the state constltu.
ticH tbe bowers which the United States Supreme
Court says in each case 1e Psop,s q sch cases are
place placed GoeIr }ReTe rare ey i'npiie1'-'''-
A careful analysis Of the decisions Of the state
courts and Of the Supreme Court OF the United
states on the constitutonality Of legislative acts
placing restraints on the liberty OF the c4'~eA
may an most interesting conflict between Court
Of Appeals and the Supreme 93UTt io ~ q the Working
iams ss y =; 1919 the Court said l1 tbas Thi5
Women are cIassed with minors under the age t Of
eighteen years for which there Is no reason; me M
rebr of the state, parens pafrlf- 10 ItstriSi "
~ ree1is,e the labor and employment OF CH4.ci ~
;e ,,1on, stionable: but adult female Is NOT 10
he resarded as ward of the state; OF N @iIS
oti,er light than the is regarded. "hCli tne
nastion relates to the business pursuit or calHis
81 NO ward of the state lnah - ile
- she is entitled enjoy, unrfolesteo; xer
I.sar,x ~ rerson. and her freedom TO Work, loI
bor; she pleases where she pleases ana as i9is .s
~ she nleaees within the general limits ope,dtg
a. ou rersn,ls alike, and shall We say tfat lhls lS
t "a ,.-gisIa tior which closes the doors ol .ac
.rfe "a her before and after certain houfst
think not - /-o,~+ Of thA United States
. bur ,o-e recent decision in the Curt Miller case
Iid,n{tfad ~ that the court would be aIecteo py t
adiarread and long continued beliefs conceThins
H aacessitv OF special Legislation Tor women anu
tats me Same legislation as an atteIn' 10 e.
s 1-onan from the greed OF man noL me th
feno zen - own benefit but for the weAoeing OF tae
:. ,froost irresistible that the
- - ~ recent decisions or the Supf etio
teLd.HSs ,n enlarge rather than 10 restrict lhe
Of state legislatures TO control thelI "a
POI" onarr-- 10 define the rgnts OF Ine,i aitu
naI "a 70 suppress and regulate iocaAy op-
,sctionable forms or trHiiic - 81. courts IN uu-
~ S;snostiun on the part OF the cou,.s W op
Ih9 gipafion wherever possible, should reneue o
.olu , roSrfs from the popular nlsapp reI.nso @ ~
cnncerniur them that they stano -, & tt.rs of
, rer,tiion OF the popular VIII In materS "a
public policy