Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1915-11-02
Celebrated Case Terminates in
Supreme Court of the United
States in Victory for Petition
er for Injunction.
MIKE RAlCH. BlSBEE
MAN, is PETITIONER
But One Justice DiSsents From
Opinion of the Court; Justice
Hughes Writes Lengthy 0eCi-
sion in the Case.

WASHINGTON, Nov 1.-The
complaint Of a cook in a Bisbee
restaurant. the supreme court has
annulled, as unconstitutional, the
Arizona anti-alien labor law, en-
acted into law last november by
vote OF the people under the in
itiative process Of legislation. The
statute required employers Of
more than five persons to employ
not less than eighty per cent
qualified electors OF citizens.
Mike Raich, an Austrian cook,
upon being notified he was to be
discharged, because of the law, ap-
pealed to the courts When he
won the state took the case to the
highest tribunal The supreme
court. through Justice Hughes,
Justice McReynolds alone dissent
ing, held that Raich's constitu-
tional righs, as an alien, to an
equal protection of the law, as
guaranteed by the fourteenth
amendment of the constitution,
were violated by the law. Hence,
it was decided he was entitled to
am Injunction to prevent the state
officials from enforcing the act
Il was presented TO the court
along with other alien labor laws,
forbidding the employment of ali
ems on public works. The court
today. however. expressed that il
distinguished the cases OF private
enterprise from those arising
from expenditures Of public mo-
MES.
Justice Hughes declared the
law was justly described in its
title. as an act to protect citizens
against non-citizens. He added
that it was in conflict with the
personal guaranty of liberty, ac-
corded aliens by the constitution.
The law he said, would exclude
aliens from Arizona as the aliens
could not live where the could
not work, and the result would be
that although the United States
had power admitting aliens to the
country, the states could keep
them out by such legislation as
the Arizona law. He said it was
no enswer to say that some aliens
could be employed because, if the
state had the power to fix a per
centage to be permitted to be EN-
ployed. if would be a percentage
without restriction. No just rea-
son of public safety, he said has
been advanced to justify the law.
1T is sought to justify this act
as an exercise Of the power Of the
state 10 make reasonable classifl-
cations in legislating to promote
the health, safety, morals and wei
rare of those within it's jurisdic-
tion." said Justice Hughes. But
this admitted authority, with a
broad range of legislative discre-
tlon that it implies, does not 90
SO far as to make possible that
our state can deny to lawful in
habitants. because Of their race
or nationality the ordinary means
of obtaining a livelihood. II re-
ouires no argument to show the
right TO work for a living in the
common occupations Of a com
munity and it is of the very es-
sence of personal freedom and op'
portunity with the purpose OF the
amendment TO secure. II this
could be refused solely upon the
grounds Of race and nationality
the prohibition OF a denial OF any
person Of equal protection Of the
laws would be a barren form OF
words"