New-York tribune., 1909-12-31
LABOR LAWS Barred
Professors Criticise Bent of
Court Interpretations.

Professor George G. Groat of Ohio Wes-
leyan University, in an address In the as
sembly hail of the Metropolitan Building
yesterday. declared that the Interpretation
placed on labor legislation by the courts
frequently operates so that the employer Is
able to turn the constitution into an instru-
nent OF inequality
The occasion of the address was a joint
session of the American Political Science
Association and the American Associate
for Labor Legislation. Professor Frank ].
Goodnow, of Columbia University, presided.
Professor Groat whose subject was
Precedent Versus Conditions in Court In
depreciation of Labor Legislation" started
out with the statement that courts should
allow the maximum of change with the
minimum of departure from former inter
pretations of principles.
He expressed the opinion that the Judges
bad been toe greatly influenced by prece-
dents set in decisions applicable to former
conditions. but that there was clearly dis
cernible tendency the part of influential
Judges to give more attention to actual pres
ent conditions, and that the changes de-
sired are being brought about by reading
new meaning into the existing phrases Of
the Constitution, making its formal amend.
lment unnecessary.
Referring TO legislation regulating hours
of labor. Professor Groat said that although
In no reported case had the laborer declared
that his rights were being trampled on. yet
the courts continue TO find against such laws
on that very ground.
The more one reads the decisions" said
:he speaker, "the more he must necessarily
be impressed with the fact that a number
Of the decisions. all too large. are given
phrases OF an extreme individualism. Dis
cussions. often unnecessarily elaborate are
10 be found ringing the changes on life
liberty and property the trinity OF rights
the sacred freedom OF contract"
IF such phrases were used TO no purpose
at all, the situation would not be serious
In fact. the courts are SO using them as TO
defeat the very purpose for which the courts
exist. Liberty is interpreted as 10 de-
prive Of liberty those who stand in greatest
need Of real liberty
Professor Groat suggested the need OF
compiling and keeping for the use of the
courts the information and arguments on
which labor legislation is enacted. He
spoke also of TIE need of economic ex-
perts who might aid lawyers and courts
in the presentation OF concrete facts as
to present conditions in litigation con-
corning Tabor legislation.
a closer union between the principles
of the law the one hand and the prin-
ciples of economies and sociology the
other" ne said. would better equip those
to whom falls the responsibility Of settling
many of our industrial problems.
1t was predicted by Professor Groat that
a changed point of view would bring
realization Of the fact that laws heretofore
hold no pcti in
a protection TO constitutional privileges
and, therefore, a constitutional necessity.
Professor Ernest Freund. Of Chicago
University, spoke Judicial Llnaita
'tations and Labor Legislation" He said
that practically all the labor Legislation
for safety, sanitation and moral well-be
ing had been sustained, but that con-
siderable controversy is being waged over
laws regulating hours of labor, providing
methods for payment of wages and protect
ing labor unions He spoke of the incon-
sistencies in decisions on similar laws in
various states. and said that possibly at
the end of another quarter of a century
what to the courts OF to-day appear to
be the fixed requirements of our institu-
tons will appear passing phase OF
our constitutional development
The great need for uniformity and
harmony In labor legislation was dwelt
upon by Frederick y. Judson, of Chi
cagO, whose topic was THE Problem OF
Labor Legislation Under Our Federal Con-
stitution." In this connection he referred
to the tendency to delegate TO the central
government duties which were severaily
dealt with TO the general dctriment, by
the various states. The various problems
that now seem so complex, he said. would
be smoothed out just as soon as an en-
lghtened public opinion could be brought
TO bear on them