United labor bulletin., 1912-03-07
LEGALITY OF WOMAN'S
Law IS QUESTIONED
Thorough Investigation Urged Into Form
of Initiating the Eight
Hour Law.

Is the woman's eisht-hour bill const-
tutiona?
This is the question that is agitating
labor circles at this time. This law is
being initiated by the Colorado State
Federation of Labor, and the petitions
are now in circulation and thousands of
signatures have already been secured to
certify it to the secretary of state for
submission to the people of the state at
the fall election. The bill was super
vised by Attorney Henry Cohen, attor-
ney in Denver for the American Fedora
ton of Labor at the request of the Off
GERS of the State Federation of Labor;
but it should be said here and now that
neither the work of the attorney nor
that of the State Federation has to do
with the alleged unconstitutionality of
the proposed statute. The bill, as sub
mitted for signatures, does not contain
clause stating how the ballot should
be marked to vote for or against the
measure, or how the vote shall be
counted
| Attorney John Gabriel, before the City
Federation, Monday afternoon, said that
it was very likely that because the law
submitted did not contain the above pro-
visions it would be declared unconstitu-
tional if adopted by the people at the
| fall election. If the bill is submitted it
will be adopted in all probability.
| The question arises on account of a
ruling by Secretary of State Pearce. Mr..
Pearce mas drawn up form under
which laws may be initiated and re-
ferred TO the referendum. He has said
that only such bills as are initiated
under that form will be placed on the
ballot He has ruled that it is not nee
essary to state in the proposed law that
| is placed on the petition for signatures
how the ballot shall be marked or
counted, but says that such provisions
shall be placed on the ballot by the sec
retary of state when it is referred to
the referendum.
Mr.. Gabriel is one of the members of
the Direct Legislation League of Colo
rado, and that organization has taken
the stand that it IS necessary to have
these provisions in the bill when it is
placed on the petition; while the secre-
tary of state has taken the other posi-
ton, and says that he will deny place
on the ballot to those bills that have
been initiated under different form
than that prescribed by him.
The legality of the bill hinges on the
position OF the secretary of state. If he
is right, then the woman's eight-hour
law will be constitutional when it has
been adopted by the people of the state.
If he is wrong, and the attorneys for the
Direct Legislation League are correct IN
their contention, then the bill will be
unconstitutional. The woman's eight
hour law is being initiated under the
rules laid down by Secretary of State
Pearce.
1t would seem to the layman that the
secretary of state is correct In his con-
tention: That it is not necessary to say
in the bill when it is initiated how the
ballot shall be marked and the vote
counted, but merely to submit the bill
for signatures and when it is placed In
the hands of the secretary of state ne
will advertise it, stating how the ballot
shall be marked and the vote counted.
and place it on the ballot in the same
manner as specified by law
| Nevertheless since the point has been
raised. it would be well for those who
have the bill in hand to get the opin-
ions of the best legal talent in the city
as to the legality of the procudre under
which the bill is being initiated. The
work done on the measure by Attorney
Cohen is thorough, end he is TO be com
mended on the measure as 1t now
stands; but when legislation is to be
initiated every point should be gone
over thoroughly by different attorney7
that nothing be allowed to escape.
The woman's eight-hour bill, as 1t ap
pears on the petition, reads:
An act to declare the employment OF
females in manufacturing, mechanical
and mercantile establishments, laun-
GS,
furious to health and dangerous to life
and limb; to regulate and limit the
hours of employment for females in
said occupations; TO declare VIOLATION
thereof to be a misdemeanor, and to
repeal all acts and parts of acts IN
conflict Herewith.
Be it Enacted by the People of the State
of Colorado:
Section l. Employment of females in
any and all manufacturing, mechanical
and mercantile establishments, laun-
dries, hotels and restaurants, is hereby
declared to be injurious to health and
dangerous to life and limb.
Section q No female shall be en-
ployed in any manufacturing, mechanl-
cal or mercantile establishment, laundry,
hotel or restaurant in this State more
than eight (S) hours during any twenty
four (2D hours of any one calendar day.
The hours of work may be so arranged
as to permit the employment OF females
at any time, provided, that any such
female shall not work more than eight
(S) hours during the twentyfour (24)
hours of any one calendar day.
Section g. Any person, persons, firm,
co-partnership, association, company or
corporation violating any of the provi-
sions of this Act shall be deemed guilty
of misdemeanor, and upon CONVICTION
thereof, shall be punished by a fine OF
not less than Fifty ($5O.OO) Dollars nor
more than Five Hundred ($500.0O) Dol
lars, or by imprisonment in the county
Jail not less than thirty 500 days nor
more than six CO. months, or by both
such fine and Imprisonment. Every
days violation of the provisions of this
Act shall constitute a separate offense.
Section A. All acts and parts of acts
in conflict with the provisions of this
Act, are hereby repealed.
| Beats them all. La Belle sc cigar,