The Bridgeport evening farmer., 1915-04-29
(Exclusive Service The Survey Press
 Bureau.)

Exclusive Service The Survey Press
 Bureau.)
 s.surely it is matter of vital inn portance 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 avoided, this not only for their own sakes, but, as is and ought to be constantly and 1egf- timately emphasized, for the sake of the children whom a great majority of them will be called upon to bear and who will almost inevitably dis play in their deficiencies, the unfor- them by physically broken-down mothers
 This sentence is taken from the recent unanimous opinion of the New fork Court of Appeals declaring constitutions the statute forbidding night work for women in factories.
 Contrasting Decisions.
 The decision is interesting, in con- trast4 with the opinion of the same court in the Williams case, decided eight years ago, when the court said
 'sAn adult female is not to be re- garded as a ward of the state, nor in any other light than the man is re- garded when the question relates to the business pursuit or calling
 Then the court declared the statute unconstitation because it deprived adult women of the liberty of con tract guaranteed them by the state and federal constitution. Now this same court declares similar statute constitutional.
 This changed attitude of the Court of Appeals on one of the most impor- tant subjects of social legislation may be accounted for in three ways: 1-The presentation of facts accur- ately and scientifically gathered. Matters of common knowledge and of other legislation to which the 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.
 3-The changed attitude of the, people generally and of the courts on all matters of this nature.
 It is of interest to trace the facts leading up. to the enactment of this second night-work law and the pro ceedings to test its constituti ionality. Facts About Night Work
 First, as to the investigation. Short l ly after the New York State Factory Investigating Commission was ap- l pointed in 1911, its attention was called to the evil conditions caused by night work of women in factories. The Williams case, however. was cit ed as a bar to all remedial 1egislati on upon that subject. But the commfs- sion determined to obtain the real facts.
 An investigation was accordingly undertaken After. drawing attention to the conditions discovered, the com mission recommended that a statute be enacted prohibiting the night work of women. This Bill became a law by unanimous. action of the leg is1ature.
 In the Court of Appeals Judge Hotchlxiss. speaking of this investi- gation, said:
 .sThus at the time when this statute l 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 l volume of expert and medical opinion and a large number of statutes adopt ed in various Jurisdictions.'
 It will thus be seen how important it is, in order to sustain the consti- tutionality of a law. that the facts, to serve as a basis for legislation, be carefully and accurately ascertained. When these facts are obtained, if tn hey justify the legislation, the courts will l not be slow to find the legislation valid, as they have in this case,
 Upon the argument of the latter case, attention was strenuousIy called to the earlier Williams case to the effect that the Williams decision was conclusive of the unconstitution- ality Of the present statute. The Court of Appeals answers this argu- ment directly and clearly by call ing attention to the lack of evidence in the earlier case of the opinion
 which has since been created anG
 which has spread during the pas seven or eight years, that night work for women is injurious.
 A Fair Case and Public Opinion
 Second, this was real test case the woman selected was not one who was working. for a few minutes or : short time after the closing hour, bu a. woman who worked all night Ions and did so regularly.
 Too often test cases of this kind which involve the constitutfonahty O statute, are lost because the ,cast which is actually presented to thu } court does not fairly present the req evil which the statute seeks to aboI : ish.
 : Third. as to the change in the trent ? of public opinion The court sig nificantly states that even if it should
 be, there has also been grea kchange in public sentiment and pub lie opinion based upon these fact s which could not have been stowl n when the earlier statute was unde
 consideration
 The past two decades have witness s ed a marked change in social and eco I, homie needs. There is greater strail e in industry Speeding up and higl
 tension, due to complicated machin
 cry and ub-division of work, parti t cularly in industries in which womel S are employed exist now as never be
 fore. . This apparent reversal ef decision = and the entire history of the nigh work case show the necessity for pre- senting the complete facts to the cour 1 | where the constitutionality of a, sta ute, which is based upon the exer else of police power, is under con