The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1913-07-24
MORE POWER FOR COMMISSION
Right to Exempt Certain Workers from
Coming Under the Operation Of Law
May Result in Law Being Declared
"Class Legislation

ubNelop very PLAINLY WnObh0A ~ - "ASO
or not to confer upon the Wisconsin
industrial commission board powers as
to the enforcement of the hours OF la
Dor for women law, in practically
placing it within the power of that com
mission to say how many hours women
shall work in this state. The new law
on the subject of hours Of labor for
women provides that no woman shall
work more than ten hours in this state
except upon consent of the industrial
commission. In other words, the Wis
consin industrial commission may, if
it sees fit, suspend the provisions of
the hours of labor law for women. Al
ready it has done SO in one instance.
The commission has recently issued
an order which is now in force in this
state and being utilized by the pea
Gamers by which women employed in
canning factories, If those canning fac
tories are modernly equipped and
meet sanitary regulations, may be en-
ployed for a period of two weeks for
twelve hours daily. The exemption was
made in favor of the pea Gamers upon
their petition and under their claim
that they could not man their factories
properly unless the exemption was
granted.
The pea Gamers are very much
pleased with the exemption, but wheth-
er it has not opened a loop-hole in the
woman s hours of labor law is another
question. If the pea Gamers can be
granted concession, other lines of in
dustry should also be granted it if
their demands are reasonable, and the
result will be that minimum hours Of
labor bill will be more or less nothing
but the ruling of the commission.
1t is a great power to place with
the commission and one which must
be very carefully handled, as it can be
very easily abused. The present in
dustrial commission is competent and,
it is generally agreed, favorable to
labor But the day may come when
there may not be competent commits
sion and the new commissioners Will
not be friendly to labor. The power
conferred under the statute will be
just as much of power with them as
it is with the present commissioners.
More than this, there is a question as
to the constitutionality of the extern
sion of these powers. The power of de-
Gliding what the hours of labor for
women shall be carries with it almost
if not quite legislative power and
there is question if court would
hold it simply a matter of admiuistra-
ton.
Legislative and Judicial powers can
not be conferred upon commissions
They are purely admins trative bodies
to administer statutes. In other words
they can decide whether law in
regard to the hours of labor for women
is being infringed and issue orders
thereon but it does not lie within their
power to say what the hours of labor
for women shall be, and if the pres
ent statute could be construed into
power of that character it would
not pass the test of the courts.
The labor commissioners, however,
think that as they only decide how the
statute shall operate in certain pre-
scribed instances and only permit the
suspension of the statute under terms
of the law itself giving them powers
to permit such suspensions, the power
remains administrative. The commits
sioners are much pleased with the stat
ute, and they claim it viii be of value
rather than an injury in the direction
Of manufacturers as to the employment
Of women.
1t is claimed that before any favors
are granted under the law for short
time suspensions of the measure to
meet emergencies the commissioners
viii demand that the plants at which
the extensions are granted be placed
in the most perfect sanitary condition
possible and that other regulations can
be demanded before any suspensions
of the law will be granted which will
enable the commissioners to make de-
mands for the improvement of condi-
tions under which women work whose
enforcement it could not otherwise OBJ
Jain. In fact, in regard to the pea
Gamers, there were limitations placed
in the order which provided that the
right to employ women for twelve
hours a day for a period of two weeks
should only be permitted in canneries
where the best sanitary conditions
prevail and which had in all other
ways complied with all the regulations
Of the commission in regard to condi-
tions under which women should work.
Still, no matter how it be viewed,