The Omaha guide., 1956-07-27
IndUsfry's View
Continued From July goth Issue
TIE FRIGHT TO WORK" IS PROTECTED BY THE
FIFTH AMENDMENT

FIFTH AMENDMENT
The recognized
living fundamental right possessed by all people Most
Of the decisions dealt with issues raised under the Fourteenth Amend
The principles expressed equally applicable to the
however Coolidge Long, 282 U.S. 582 Q93D
Twinng v. New Jersey, 211 US 78 Q908).
In Truax Raich 23s U.S. 49, us15 Hughes,
speaking for the Supreme Court put the basic proposition simply
when he said
-. requires argument to show that the right
work for a living in the occupations of the
community of the of the personal freedom
and opportunity it the purpose of the Amendment
requiring
pyers Of five to employ eighty cent United
States citizens the ground that such law violated the Fourteenth
Amendment
In Texas 2ss U.S. $780, ese us1N Texas statue made
misdemenor for act conductor railway
train in that state without first having served for two
freight conductor brakeman The Court held this to be
ngement liberty contrary
mendment- The Court said, in part:
Life liberty property and the equal protection of the
law grouped together the Constitution related
that the deprivation those separate ndepn
dent rights may lessen extngush the value of the other
three In so far deprived of the right to labor
his liberty restricted his capacity wages
acquire property lessened and he is denied the
lection which the law affords those who permitted
work Liberty than freedom from servitude
and the constitutional guaranty is an assurance that the A
citizen shall be protected in the right his #
mind and body any lawful calling"
Nebraska, U.S. $780, qs2 involved
under Nebraska statute which made teach foreign
language to child who had not completed the eighth grade Hold
the abridged the Fourteenth Amendment
While this Court has not attempted to define with ex
much consideration and of the included things have
merely freedom bodily right
the individual to contract to Of the
occupations Of life to acquire useful knowledge to
establish home ape ling children to worship God
according TIE dictates conscience, gen.
eraly . enjoy those privileges og recognzed at com
mn law essential to the orderly p1--- Of happiness
b.. Tree men," Emphasis addedl
Fina = in Adams Tanner 244 500 Q917
Court uoE1 Shylock in The Merchant of Venice:
ou take my house when you do take the that
dot sustain my house,
sou my life when you 10 the whereby
hide principles employment shop
or abandon his principles and submit to the
ons of union membership might well explain "You my
when do take the whereby live The Constitution
United States protects the EMPLOYEE in his right to work and he
submerge principles ideals to avoid
economic suicide We think the Nebraska Supreme
Court it held:
I'VE also think the right to work
Grecious liberties that possesses much
n 70 work as he has to live. to be property,
or to 9n church of his choice for without freedom
10 work ee others would soon disappear is funda-
mental hun right which process clause of the
Fifth Amendn protects improper infringement
occupations available community the vev essence nee
Of personal freedom an opportunity that
Of the purposes of these spendmens to make
Liberty means more than freec from servtude
Constitutional guarantees our ssurance that the
will be protected in the right to powers Of
mind and body i lawful calling"
The right to work a liberty protected the First Fifth
Nnn and fourteenth Amendments OF the Contu As such
only be restricted grave mmed danger to
which obligated protect Virginia
THE ~RIeHTTowoRK" IS PROTECTED AGAINST
IMPAIRMENT FEDERAL ACTION
pointed "RighttoWork
designed and the right employees freely
join labor organizations demonstrated
the right seek and employment of the
necessity join and organization
continued employment right
by every citizen
ANY Congress remove those projections is
government the right
Amendment and deprivation of liberty property
coutravention Of Fifth Amendment
valuable personal and property rights involved
uuso membership contracts protected
matter common knowledge and might well be jucay
noticed Judge Carter Hanson Railway Employees
Dent All. 16O Neb 1885,