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Show I Decision i$ far Reaching I At tho closo of tho articlo last wook on tho eight hour law decision, I quoted from Justice Harlan's dissenting opinion opin-ion that the statuto had Us origin In part In tho belief that tho employees in bakeries were not upon an equal footing with tho employer; that tho necessities of tho employees often compelled thom to submit to unjust and harmful exnetions. I continuo to quote from .Tustico Harlan's dissenting dissent-ing opinion: "While this court has not attempted to mark, tho precise boundaries of what is called tho police power of tho state, tho existonco of tho power has been uniformly recognized, equally by tho Federal and Stato courts. "All tho cases agree that this power extends at least to tho protection protec-tion of tho lives, tho health, and tho safety of tho public against tho injurious in-jurious cxerciso by any citizen of his rights. "In Patterson vs. Kentucky, 97 U. S. 501, after referring to tho general principle- that rights given by tho Constitution Con-stitution cannot bo Impaired by stato legislation of any kind this court said: 'It (this court) has nevertheless, with marked distinctness and uniformity, 1 recognized tho necessity, growing out of tho fundamental conditions of civil society, of upholding stato pollco regulations regu-lations which woro enacted in good faith, and had appropriate and direct connection with tho protection of life, health, and property which each stato owes to her citizens.' "So In Barblor vs. Connolly, 113 U. S. 27, 'But neither tho fourteenth amendment broad and comprehen-! comprehen-! slvo as it Is nor any other amend ment, was designed to interfere with ' tho power of tho stato, sometimes , termed its pollco power, to prescribe regulations to promoto tho health, peace, morals, education, and good order or-der of tho people' j "So, as said in Holdon vs. Hardy, 109 U. S. 3GG: 'This right of contract, I however, is itself subject to certain limitations which tho stato may lawfully law-fully Imposo In tho oxerclso of its pollco powers. While- this power is inherent in all governments, it has ! doubtless been greatly expanded In its J application during tho past century, 1 owing to an enormous increase in tho i number of occupations which aro dangerous, dan-gerous, or so far detrimental, to tho health of employees as to domnnd special spe-cial precautions for their well being and protection, or tho safety of adjacent adja-cent property.' f "In YIck Wo vs. Hopkins, 118 U. S. 350, this court hold: That whilo tho pollco power cannot bo put forward as an excuso for oppressive and unjust legislation, It may bo lawfully resorted to for tho purposo of prcsiorving the public health, safety, or morals, or the abatement of public nuisances, and a largo discretion is necessarily vested In tho logislaturo to determine, not only what tho Interests of 'tho public require, but what measures aro necessary neces-sary for tho protection of such Interests. Inter-ests. "In Lawton vs. Steele, 152 U. S. 13C, referring to tho limitations placed by tho stato on tho hours of workmen, tho court said: Theso employments,.' when too long pursued, tho legislature lias judged to bo detrimental to tho, health of employees, and, so long asj thero aro reasonable grounds for bos Hoving that tills is so, its decision up-j o'n iiis subject cannot bo roviowed by t?io Federal courts.'" Justlco Harlan cites nyiny othor cases by tho samo court , to tho effect that regulations of a lawful trado, and as to what par-, tlcular trade, business or occupation they shall apply, aro questions for tho( stato to detormino and unless utterly, unreasonable they form no subject for Federal lnterforonco. '' "Thero aro manifold restraints to which every person is necessarily subject sub-ject for tho common good." Jacobson vs. Massachusetts, 19G U. S. 11. Wo quoto tho following strong sentences from his dissenting opinion: "If thero bo doubt as to tho validity of tho statuto, that doubt must therefore there-fore bo resolved in favor of Its validity, val-idity, and tho courts must keep their hands off leaving tho logislaturo to meet tho responsibility for unwiso legislation." leg-islation." "Tho statute must bo taken as expressing ex-pressing tho belief of tho people of Now York that, as a general rule, and in tho case of tho averago man, labor in excess of sixty hours during a week in such establishments may endanger the health of those who thus labor. "Under our system of government tho courts nro not concerned with tho wisdom or policy of legislation. Nor can I say that tho statuto has no appropriate ap-propriate or direct connection with that protection to health which each stato owes to her citizens, or that It Is not promotlvo to tho health of tho employees in question, or that tho regulation reg-ulation prescribed by tho statuto Is utterly ut-terly unreasonable and extravagant or Wholly arbitrary. "Still less can I sny that the statuto is, beyond question, a jilnlii, palpable Invasion of rights scoured sc-oured by tho fundamental law. I "I submit that this court will trans-oond trans-oond Its functions if it nssumcs to annul an-nul tho stntuto of Now York." Justlco Ilnrlan then quotes from woll known treaties, showing that tho labor of a baker is among tho hardest 'Incl most laborous Imagiiinblo; that llo is compelled to work nt night; thnt llnig hours of toll produces many diseases; dis-eases; thnt tho heat and inhaling of tho Hour dust is especially Injurious; that during cpidomic diseases bakers aro generally tho first to succumb; that thoy soldom llvo over thofr fiftieth fif-tieth year. Ho refers to tho laws passed by tho states, and by congress, fixing eight hours as a proper basis of a day's labor, la-bor, with approval. Wo quoto again: "I talto leavo to say thnt tho Now York statute, in tho, particulars hero In'-i In'-i volvcd, cannot bo hold to bo in con-IHct con-IHct with tho 11th amendment, without with-out enlarging tho scopo of tho amendment amend-ment far beyond Its original purposo, aiul without bringing under tho supervision super-vision of this court matters which havo been supposed to' belong exclusively exclu-sively to tho legislative departments of the sovoral states when oxortlng their conceded power to" guard tho health and safety of their citizens by s ich regulations as thoy In their wis-(1 wis-(1 )tn doom best." How illogical aro tho sontoncos of tho justlco who wroto tho majority ojilnlon when compared to Justlco Harlan's. Compare such sontoncos as: "This is not a question of substituting tljo Judgment of tho court for that of tho logislaturo;" and "tho question whether this act Is valid as a labor la,w, puro and slmplo, may bo dismissed dis-missed In a few words;" and this: "Thero Is no reasonable grounds for interfering with tho liberty of a porfiu, or tho right of freo contract, by determining deter-mining the hours of labor, In tho oc cupation of a baker;" and tills: "Thoy llwWjK nro in no sense wards of tho stato," iMIbE with tho sentences of Justlco Harlan. (Mul The Brooklyn Times snys: "If Jus- ifloSl tico Peckham, In his reincarnation Hjjf' should 11 ml himself condemned to la- fTKfflc bor for ten hours a day or night' in a tfcfltiB closo underground collnr, with an HSIju August atmosphoro superheated by tho JPShjI pressuro of hugo ovens, and ovory Infcsll poro clogged with Hour and porsplra- HfiSf I Hon, ho might revlso his vlows, and , Ijfjj I mnko up his mind that baking for a ' Hjlifej livelihood was not ns conduclvo to IK! I longovlty ns writing Supremo court Ht31 1 decisions." IpSBt Tho Philadelphia Press thinks that BIS if tho court had boon nearer tho ovl- Bfflfjlj denco tho decision would havo boon WM different. Rfi 9 Tho decision will continuo to bo dis- Hall f cussed by tho pcoplo or tho United iSfirl Stntes. Tho sovoral political parties , gltfsf J will bo compollcd to tnlco a stand j Wptt g oltlicr in favor of or against tho do- 9&M I clslon. Tho gcnornl sontlment of tho Wat I pcoplo will bo found to bo In favor of ha I f tho right of a stato to limit tho hours Bti! of labor in such trndes and occupa- , lions ns, In tho Judgment of tho pco- 1 QjKj plo of tho stato, aro injurious to tho EnVl health of tho employees. flBt' republican. mm) ' |