The Cordova daily times., 1918-09-30
DECISION NVALIDATINC THE GENERAL EICHT-HOUR LAW Contrary to Fourteenth Amendment to Constitu- ton and Not Warranted as
 Police Measure


 reasons for the exercise of this power are undisclosed, and a failure to set forth any reason at all where the lr"islHturc acts under the police power, is properly taken. if the nature of the employment itself does not sug gest one, not only as an inference but as q fact that the reason does not exist It must always be borne in mind that legislative bodies have only such powers as are expressly con ferred upon them by the provisions of the constitution under which they act Mere caprice, or even an honest desire tO act in response to q popular demand. can not validate statute if the same Is expressly forbidden by the constitution.
 Much of the argument in this case has contered around the decision of he supreme court in lochner vs. New York. supra, and Bunting vs. Oregon. 27 Sun. ct. Rep. 435. In the former Cas" the supreme court held that:
 "It must. of course. be conceded that there is a limit to the valid eX- ercise of the police power by the state. There is no dispute concerning this general proposition. Otherwise tIi' l'hi t''llAll dlitliiIIltIlt Ntulb have no efficacy and the legislatures of the states would have unhounded power. and it would be enough to say that any piece of legislation was en- acted to c0rservo thn rro~n's tho health or the safety of the people such legislation would be valid. ro matter how absolutely without fonn- 1~''~'' t',o c1"tn, ",'"ht 10 ~'In r',i'r of hn ba preteXt-become another and delusive name for the supreme sovereignty of the state to be exercised free from constitutional restraint.
 We think the limit of the police power has been reached and passed in this case. There is, in our judg- ment. no reasonable foundation for holding this to be necessary or ap- propriate as a health law to safeguard the public health or the health of the individuals who are following the trade of baker
 ''It might be safely affirmed that all most all ocCupatiors more or less af. feet the health There must be more th0n the mere fact of the possible existence of some small amount
 unhealthiness to warrant legislative i interference with liberty. It is un- fortunately true that labor. even in any department, may possibly carry with it seeds of unhealthiness. But are we all on that account at the mercy of legislative majorities? A printer. a tinsmith, a locksmith, a carpenter a cabinetmaker. q dry goods clerks. banks, a lawyers or physiCian's clerk or a clerk in al most any kind of business, would all come under the power of the legisla- ture on this assumption. No trade. no occupation, no mode of earning ones living could escape this all-per- VadinE power, and the acts of the legislature in limiting the hours of labor in all cmpl"vwnnts would he valid, although such limitation might seriously cripple the ability of the la- borer to support himself and his fam fly.
 Statutes of the nature of that un. def review, limiting the hours in which grown and intelligent men may labor to earn their living, are mere meddlesome interferences with the rights of the individual. and they are not saved from condemnation by the claim that they are passed in the ex- ercise Of the police power and upon the subject of the health of the indi- 1 "idual whose rights are interfered with. unless there be some fair ground. reasonable in and of itself, to say that there is material danger to the public health or to the health of the employees if the hours of labor are not curtailed.
 Tt Is impossible for us to shut our eyes to the fact that many of the laws of this character. while passed under what is claimed to be the police power for the purpose of protecting the pub. lie health or welfare, are in reality passed from other motives. We are justified in saying so when, from the character of the law and the subject upon which IL legislates, 1t is appar- ent that the public health or welfare bears but the most remote relation to the law"
 My attention has been called to the following from the decision of the su- preme court in Bunting vs Oregon, supra:
 The act under consideration pro. vided in Section 1;
 "lt is the public policy of tho state or Oregon that no person shall be hired, nor permitted to work for wages, under any conditions or terms. for longer hours or days of service than is consistent with his health and physical well-being and the ability to promote the general welfare by his increasing usefulness as healthy and 1 intelligent citizen. It is hereby de- clared that the working of any person more than ten hours in one day. in any mill. factory or manufacturing establishment is injurious to the phys iIal health and well-being of such per. son, and tends to prevent him from ! acquiring that degree of intelligence that is necessary to make him a use fui and desirable citizen of the state" And Section 2:
 No person shall be employed in any mill, factory or manufacturing es- tahlishmen' in this state more than | ten hours in any one day, except watchmen and employees when en- cnged in making necessary repairs, or in case of emergency. where life or property is In imminent danger; pro- l ,riHnh hnwarnr ,ln