The sun., 1916-09-29

lation, but never generally. and the Al.
laws on the subject were unuu.s,ior.
ably innovations on common RIGHT A., |
usurpations Of authority. In SOM. |
cases, however, the right to resula. |
wages and hours OF labor may be ius.
tilted upon principle. as coming viii,
the police powers Of the State as abo,a !
defined.
Citizens OF this country have ce,,,. |
inalienable rights of which no law r.1S |
deprive them. These rights lnc,u.. |
the right Of free contract. The Con. |
stitution of the United States does nm,
define these rights, nor will the cour,.
attempt to define them in any sensrs,
way, but will deal with each case an
a consideration of It's particular fat,
Therefore these rights and privileges
thus guaranteed but not defined az. 1
not created by but exist indcpcndep,
u constitutional law. No such mgr,
can be taken away from a citizen
legislation alone, because that vou,d
not be taking IT by due pro,e., NJ
law; for legislation In Itself is ~,
due process of law" although lo,i,.
lation may, within certain well de.
fined limits, prescribe what process.
shall constitute "due process OF law
But here the "policc powers pru.
ciple comes into play. Ii IL nothing
more or nothing less than the r.yh; ~,
Government to protect its memhc,s
from harm and to promote the w..
fare Of the community, even though
the exercise Of that power may IN.
volve the destruction of the priva,e
rights of a citizen which in no o'hp,
instance can be taken away withul'
due process of law" 1t II 10y virtue
Of this power that legislative bod.o,
assume to regulate in a REASONABLE.
way the working hours of women ari
children and control business opera.
tons to the end thai the health. mo-.
ais and safety of the community may
he promoted.
| do not see how this police power
can be invoked in support Of tae l--.
isiation in question. Manifcstly undo
this law the right of the railroads to
work the men more than eight hour.
a day il in no way abridged. So tina
the contention of the supporters Of the
measure that 1t will lessen ac ,den,s
on railroads because the men hen
would not be working for long hours
is q sham. must confess that if tbs
law had been "A genuine eight hu..
law I should have hesitated before at.
lacking its Constitutionality
But the law does this: II GepgIyes
both the railroads and their employee,
of their right to contract, at the rt.o
of imprisonment, for labor ana 80.
vices at a price that the cOutragflU-
parties may think best for thnm>,.v ".
II thus ahridgos the freedom of por.
tract. II deprives not only On" raj
roads but their employees as Sc, ~
their property without due process
Jaw II deprives the railroads ~ m,
property because 1t Compeis them
pay money to their mon without 're.r
consent. 1t dcprives the cmp.u's. q.
their property because II compel.
thcm 10 sell their property thai -.
their labor and services, WHICH
property of the highest ord,r Un.
the law, for NOT less than Il '.r'u
price withou, giving them y cbuiH.
the matter. When a law d"pr Nt.
''h' ~ AtF 't-bA w H Dr.
pleases with respect TO his property "
%dcprives him just to that extent o.
his property. II a man cannot sci. t,
property at any price thar Ne We
to he is deprived Of its complete own
ership. II thus will he seen that >.
.Adamson act not only depi ves O.,
zens OF their property unlawfIly IN
also OF their right of the freedom
contract as they please. And . cam
he said that such a deprivation "
condure to the protection of the 1--WE
health. comfort and properly Of pc
community within the moanin. ~ .
term police power"
II the courts are n uphold 'h.s &c.
as constitutional they must pie
extraordinarily liberal i~nterrra'in
upon precedcnts heretofore M1ie
vastly enlarge the scope and Noeu
Of the term police powers -
Government. RiCH,Rp MNluNt