The labor world. [volume] (Duluth, Minn.) 1896-current, 1916-05-06
women S.[AB0R LAW
HIT BY THE COURT
Wisconsin Law Delegating Legis:
lative Power to Board Held
Illegal.

MADISON, Wis, May 4.-That por-
ton of the women's hours of labor law
delegating specific powers of supervi-
sion and regulation to the industrial
commission was held illegal by the SUI
preme court Tuesday, although the
main provision of the women's hours
of labor statute were upheld. The
opinion is written by Justice Rosen-
berry, who says there are three ques-
tons presented for determination
upon the appeal. First, does the
statute limit the number of hours
women may be employed in any cal
endar day where the work is done
partly before and partly after p.
m. of that day? Second, is the. STAT
ute void for the reason that it un-
lawfully delegates legislative power to
the legislative commission? Third, if
it is held that the provision delegating
certain powers to the industrial COM
mission is unconstitutional and there
fore void, can the remainder of the
act stand as a valid enactment?
Intent of Legislature:
1T seems to us clear that the legis-
lature intended to fix as the maximum
period of time during which fe-
male might work in any day at 10
hours and in any one week at SIS
hours" says Justice Rosenberg in the
opinion of the court. THE statute
specifically provides that where all
the work is done between the hours
of p. m. on one day and a. m.
on the following day, it shall be de-
nominated night work and shall not
exceed eight hours. The legislature
has not stated in expressed terms
what the limitation should be where
the work is performed partly before
p. m. and partly thereafter on the
same day. Had this matter been
brought to it's attention, it might have
prescribed still different Limitation,
but having failed to make such speci-
fic limitation, there is no doubt in
our minds that the limitation as to the
amount of work which may be done
in any one day, meaning thereby the
period from midnight to midnight, is
limited to ten hours. The complaint
therefore states a cause of action.
On the second point as to whether
the statute was void for the reason
that it unlawfully delegates legislative
powers to the industrial commission,
Justice Rosenberg declares that this
provision is void.
On the third provision the court de-
clares as follows:
THE question then arises, may the
remainder Of the statute stand as
valid enactment?' 1t is clear that the
legislature intended to limit the hours
which women might be employed in
the occupation specified and that such
regulations as are prescribed are by
the expressed terms of the statute to
remain in force for some considerable
length of time. There is no reason to-
suppose that the legislature would
have adopted the statute as it stands
without the provision hereby declared
to be void as in violation of the
constipation. The law is complete as
it stands and the void provision does
not seem to have been the inducement
for the enactment of the remainder of
the law. The order appealed from is
reversed and the cause remanded for
further proceedings according to law"
The case was that of the state of
Wisconsin against LANCE Canning
company, respondent. In an action
brought by the state the circuit court
of Eau Claire sustained a demurrer
on the ground that part day and part
night work is not limited in the stat
ute. The claim was made by the COM
pany that the statute does not limit
the hours for such employment. The
state appealed.