River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1916-05-11
LABOR LAW HEIDI !
ILLEGAL IN PART
Portion is Stricken Out by the
Supreme Court.
STATUTE IN MAIN IS VALID
Powers of Industrial Commission Are
Limited-Body Declared Not to
Have Authority to Supervise and
Reguiate-lntention Clear.

Madison.-That portion of the wom-
ems hours of labor law delegating
specific powers Of supervision and reg
ulatiOn to the industrial commission
was held illegal by the supreme court,
although the main provisions were up
held.
The opinion is written by Justice
Rosenberg, who says there are three
questions presented for determine
tion upon the appeal:
First, does the statute limit the
number OF hours women may be en-
ployed in any calendar day where the
work is done party before and partly
after o'clock D. N. of that day? Sec
Ond, is the statute void for reason that
it unlawfully delegates legislative
power to the legislative commission?
Third, if it is held that the provision
delegating certain powers to the in
dustrial commission is unconstitu-
tional, and therefore void, can the
remainder OF the act stand as a valid
enactment?
It seems to US clear that the legis-
lature intended to fix the maximum
period of time during which a female
might work in any one day at ten
hours, and in any one week at fifty
five 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
6 a. m. on the following day, it shall
be denominated 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 per
formed partly before p. N. and part
Iy thereafter on the same day. Had
this matter been brought to it's atten-
ton it might have prescribed still
different limitation, but having failed
to make such specific limitation, there
is no doubt in our minds that the linn
itation as to the amount OF work
which may be done in any one day,
meaning thereby the period from mid
night 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 1egisla-
tive powers to the industrial commits
sion, 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 cOnsid-
cradle 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 constitution. The law is COM
plete as it stands, and the void provi-
sion does not seem to have been the
inducement for the enactment OF the
remainder of the law. The order ap-
pealed from is reversed, and the cause
remanded for further proceedings ac-
cording to law