Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-30
NO LIMIT TO WQRkIN6 HOURS
JUSTICE BREWER DEFINES
POWERS OF STATE LAWS.
Employees May Labor as Long as He
Pleases Where There Is
No Risk.

preme Court Of the United States spoke to
a crowded meeting of section of the tu-
berculosis congress yesterday afternoon,
and in his quiet voice threw down the
gauntlet to theu pholder of the eight
hour work day.
"A man In an employment where there
is no risk can work as long as he pleases,
and an employer has the right to make
contract with employees for any length Of
work day"
This sentence was the elimination Of a
carefully built talk on the legitimate ex-
ercise OF police power in protecting the
lives and health Of employees. Justice
Brewers speech was a relief to many
!aymen who have waded through many
seas OF medical and pathological material
to get at one bright jewel of truth
couched in language not too technical.
He hardly mentioned consumption at all.
but spoke generally on the legal aspects
OF any case where factory or industrial
conditions are adverse to good health.
His conclusion was that the state could
enforce sanitary conditions where such
action appeared necessary for the good
of the individuals working at the bench
or in the mines, but that when the work
was without menace to health the work
man may work as long as he wants.
Justice Brewers speech In part was:
Limits of Police Power.
Police power is exercised for the di-
rect benefit of the individual. The police
department cares for the health, life,
safety and good morals of the community.
and in each case 1t is the individual that
is benefited. There are limitations on the
state powers Of sovereignty-taxation and
oro{n
that when police power is exercised by a
dinances must be reasonable. and the
courts will strike it down II otherwise.
So there is the additional limitation on
police power that 1t must act with reason.
I'm the exercise Of police power the
state will require the employer to pro-
vide safe machinery, safe structures.
safe tools for workmen and sanitary
buildings. This is an essential rule of the
law. The employer can be compelled by
the tate to exercise proper precaution.
That means there must be suitable vent1-
lation, so that health may not be affected.
The employer owes it not only to the en-
plOye. but to every one else. that the
workman is not worked so long that his
faculties are weakened. The workman
must cease work when continuance means
that something in his system will begin
to show the strain and when his health
shows signs of weakening. The state
then can step in and should step In and
say: You must let him stop when he
has worked reasonable length of time.
when the employment is attended by
special risks. such as are encountered in
mines and smelling furnaces, the state
may say: You shall not let him work too
long, But If the work is not dangerous
the legislature cannot regulate the hours
The fundamental constitutional rights Of
man will not permit 1t. A man in an
employment whene there is no risk can
work as long as he pleases. and an en-
ployer has the right to make a contract
with employees in such cases for any
length of working day.
The Test of overwork.
A general discussion which was opened
by Mr. Adolphe Smith of London. fol-
lowed Justice Brewers address.
Justice Brewer had pointed out that the
state would be justified in interfering If
it could be proved that any class of work
ingmen were injuring themselves by over
working. Mr.. Smith remarked that the
difficulty was to ascertain scientifically
what constituted overwork The interna-
tional congress of hygiene, an assembly as
important as the present congress. met
four years ago at Brussels. where it sat
in the senate house and house Of repre-
sentatives of Belgium. Again the same
congress met last year in the reichstag.
the houses OF parliament of the German
empire. and on both occasions this mat
ter was discussed. 1t was suggested that
by the use of the cinematOgraph the differ
ence Of the movement in the limbs of
those who were exhausted and those who
were fresh could be clearly shown. But
this would only apply to certain forms
suggestion was the existence of sense
of fatigue after a normal nights rest.
This would prove that too much work
had been done on the previous day. An
other speaker had insisted on the right
TO sufficient air when working. Mr.. Smith
urged that it was also necessary to have
sufficient light. One of the most ap-
palling facts at the Chicago stock yards.
which he had energetically denounced,
work was done in premises where no rays
OF daylight could penetrate. 1t was,
therefore. necessary not to overwork and
to live and work where there was plenty
Of air and plenty of pure light