The Birmingham age-herald., 1915-04-25

For the first time the highest court of a state has upheld the constitutionality of a law against night work for women in factories. How this decision came to be
 rendered Is told by MT. EllSus, who gave his services for three years as counsel for the factory investigat ting commission in New York state.
 (Exclusive Service The Survey Press Bureau)
 Surely it is a matter of vital impor- tance to the state that the health of thousands of women working in factories should be protected and safeguarded from any drain which can reasonably be avoid ed, this not only for their own sakes, but. as Is and ought to be constantly and legitimately emphasized. for the sake of the children whom 8 great majority of them will be called upon to bear and who will almost inevitably display in their deficiencies, the unfortunate inheritance conferred upon them by physically broken down mothers"
 This sentence Is taken from the recent
 unanimous opinion of the New York
 court of appeals declaring constitutional
 the statute fcrbidding night work for
 women in factories * Contrasting Decisions The decision is interesting in contrast with the opinion of the same court in the Williams case, decided eight years ago, when the court said
 An adult female is not to be regarded as ward of the state, nor in any other light than the man is regarded when the question relates to the business pursuit or calling"
 Then the court declared the statute un- constitutional because it deprived adult
 women of the liberty of contract guaran- teed them by the state and federal con- stitution. Now this same court declares a similar statute constitutional. This changed attitude of the court of appeals on one of the most important
 subjects of social legislation may be ac- counted for in three ways: l. The presentation of facts accurately and scientifically gathnred. Matters of common knowledge and of other legisla- tion to which the courts attention was
 specifically and carefully called upon the
 subject of night work for women. 2. The selection of a real and fair test
 case and it's proper preparation. B. The changed attitude of the people generally and of the courts on all mat ters of this nature.
 It is of interest to trace the facts
 leading up to the enactment of this sec end night work law and the proceedings to test it's constitutionality. Facts About Night Work First, as to the investigation. Short ly after the New York state factory Investigating commission was ap- pointed in 1911, its attention was called to the evil conditions caused by night work of women in factories. The Williams case, however. was cited as bar to all remedial legislation upon that subject But the commission de- termined to obtain the real facts. An investigation was accordingly
 undertaken. After drawing attention to the conditions discovered, the oom-
 mission recommended that statute be enacted prohibiting the night work of women. This bill became a law by | unanimous action of the legislature. l In the court of appeals, Judge Hotch- l kiss. speaking of this investigation, 4said
 Thus at the time when this statute was adopted, there was before the | legislature the report of the commits sion created by it. based on actual facts and actual investigation, a large
 volume of expert and medical opinion
 and a large number of statutes adopted | in various jurisdictions"
 | It will thus be seen how important | it is in order to sustain the consti-