The labor journal. [volume] (Everett, Wash.) 1909-1976, 1910-07-01
TEN HOURS Of LABOR
Illinois Supreme Court Decides
For Shorter Workday.
FORMER RULING REVERSED.

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of Toll For Women is Constitutional
Legitimate Exercise of Police Power
of the State.
mo female shall be employed in any
/ mechanical establishment or factory
or laundry in Illinois more than ten
hours during any one day The bour>
/ of work may be so arranged as To per
nit the employment of females nj any
time, so that they shall not work more
than ten hours during the twenty-foui
hours of any day"
such was the law passed by the 1909
session Of the Illinois legislature. which
was attacked in the courts by the Man
ufacturrrS' association and other allied
interests opposed to the rights of wage
earnerS. but was upheld in a decision
by the supreme court of the state of
Illinois
The women wagewOrkers of Illinois
cannot be compelled to work more than
ten hours a day hereafter Justice
Hand. who wrote the opinion on the
conStitutionalty of the ten hour law.
emphasized the fact that. in the inter.
ests Of motherhood and the future
manhood of the nation. the welfare of
the public demanded that no woman
should be compelled to labor more
than ten hours a day
The case came before the supreme
court on appeal from the decision of
Judge Tuthill of Chicago. which de
clarcd unconstitutional the act passed
by the Illinois legislature limiting the
hours which women should be obliged
to labor to ten day. The labor
unions of Chicago. the philanthropic
organizations and the welfare socie-
ties took up the fight in defense of the
law and carried the case to the su-
preme court
The Manufacturers Association of
Illinois fought the law tooth and nail
and was determined from the start
that the law should be declared uncon-
sttutional. The chief provision of the
act provided that at no time should
female be employed more than ten
hours in any one day, whether consec-
utivey or at separate intervals.
More than 10000 women employed
in laundries, factories and mechanical
establishments throughout the state of
Illinois heaved a sigh of relief when
they learned that they could not be
compelled to work more than ten hours
a day hereafter Many Of these wom-
on hnan 70
twelve to sixteen hours until the pas
sage Of the law. Thousands Of female
workers had become broken in health
on account Of the horrible conditions
imposed by their employers, who
fought the enactment Of the law with
customed to control both legislation
and the courts of the country.
In handing down the decision the
Illinois supreme court paid attention
to the growing sentiment in favor Of
the rights of working people and re
versed its own decision of 1895. when
an eight hour law for women was held
unconstitutional on the ground that it
impaired the right Of contract. Fiji
teen years is a long time. and the
progress Of human intelligence along
the lines of humanity is believed to
have opened the eyes Of the supreme
court judges to the rights Of women
workers.
The spirit Of the law was a para
mount feature of the decision. 1t de-
clared that women cannot work more
than ten hours a day at the severe
manual labor required in many estab-
lishments without impairing their
health. This the Illinois supreme court
held to be a sufficient reason why the
protecting arm Of the law must reach
out for the protection Of the present
and future generations. All technical
and legal considerations were swept
aside by the court In emphasizing the
duty Of the state to protect its women
from overwork and physical deteriora-
ton
The decision is regarded as Of ma
tional Importance on account Of sim
liar litigation pending in other states
which affects the rights Of women wage
earners.
After citing the fact that kindred
legislation has been sustained by the
supreme courts Of Oregon, Nebraska
and Washington the decision con-
cludes:
I'VE are Of the opinion the statute
limiting the time to ten hours In any
one day In which a female shall work
in any mechanical establishment or
factory or laundry is a legitimate ex-
ercise Of the police power Of the state"
Minnesota Union Advocate.