Some Ethical Gains Through Legislation
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But the great service rendered by this decision was its destruction of the bogy-man with which state supreme courts had for years been terrifying themselves, and each other, and timorous legislatures, under the name of the fourteenth amendment to the Constitution of the United States. Once for all, it is convincingly laid down by this decision that statutes restricting the hours of labor of emplo)'ees in occupations injurious to the health will not be held unconstitutional by the Supreme Court ...of the United States on the ground that they are in conflict with the fourteenth amend- ment to the Constitution of the United States.
152 Digitized by Microsoft® JUDICIAL INTERPRETATION The decision is so coherent, so closely knit, that injustice is done by quoting isolated parts of it by way of illustrating the position taken by the court.
Yet certain portions of the decision are of such vital import that they are here reproduced. Says the court: "The Constitution of the United States, which is necessarily and to a large extent inflexible, and exceedingly difficult of amendment, should not be so construed as to deprive the states of the power to so amend their laws as to make them conform to the wishes of the citizens, as they may deem best for the public welfare, without bringing them into con- flict with the supreme law of the land." And again the court says: "This court has not failed to rec- ognize the fact that the law is, to a certain extent, a progressive science; that, in some of the states, methods of procedure which, at the time the consti- tution was adopted, were deemed essential to the protection and safety of the people, or to the liberty of the citizen, have been found to be no longer neces- sary ; that restrictions which had formerly been laid upon the conduct of individuals, or of classes of in- dividuals, had proved detrimental to their interest, while, upon the other hand, certain classes of per- sons (particularly those engaged in dangerous or un- healthful employments) have been found to be in need of additional protection." "While this court has held that the police power cannot be put forward as an excuse for oppressive and unjust legislation, it may be lawfully resorted to for the purpose of pre- serving the public health, safety, or morals, or the abatement of public nuisances, and a large discretion 153 Digitized by Microsoft® SOME ETHICAL GAINS 'is necessarily vested in the legislature, to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.' " Finally, the court quotes with ap- proval the most advanced position taken by the Supreme Court of Utah, as follows : "Though reasonable doubts may exist as to the power of the legislature to pass a law, or as to whether the law is calculated or adapted to promote the health, safety, or comfort of the people, or to secure good order, or promote the general welfare, we must resolve them in favor of the right of that department of government." Having thus come to the rescue of the state legis- latures and their powers in general, the court deals with their duties in regard to the health of em- ployees.
What to read after Some Ethical Gains Through Legislation?
You can find similar books in the "Read Also" column, or choose other free books by Florence Kelley to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
But the great service rendered by this decision was its destruction of the bogy-man with which state supreme courts had for years been terrifying themselves, and each other, and timorous legislatures, under the name of the fourteenth amendment to the Constitution of the United States. Once for all, it is convincingly laid down by this decision that statutes restricting the hours of labor of emplo)'ees in occupations injurious to the health will not be held unconstitutional by the Supreme Court ...of the United States on the ground that they are in conflict with the fourteenth amend- ment to the Constitution of the United States.
152 Digitized by Microsoft® JUDICIAL INTERPRETATION The decision is so coherent, so closely knit, that injustice is done by quoting isolated parts of it by way of illustrating the position taken by the court.
Yet certain portions of the decision are of such vital import that they are here reproduced. Says the court: "The Constitution of the United States, which is necessarily and to a large extent inflexible, and exceedingly difficult of amendment, should not be so construed as to deprive the states of the power to so amend their laws as to make them conform to the wishes of the citizens, as they may deem best for the public welfare, without bringing them into con- flict with the supreme law of the land." And again the court says: "This court has not failed to rec- ognize the fact that the law is, to a certain extent, a progressive science; that, in some of the states, methods of procedure which, at the time the consti- tution was adopted, were deemed essential to the protection and safety of the people, or to the liberty of the citizen, have been found to be no longer neces- sary ; that restrictions which had formerly been laid upon the conduct of individuals, or of classes of in- dividuals, had proved detrimental to their interest, while, upon the other hand, certain classes of per- sons (particularly those engaged in dangerous or un- healthful employments) have been found to be in need of additional protection." "While this court has held that the police power cannot be put forward as an excuse for oppressive and unjust legislation, it may be lawfully resorted to for the purpose of pre- serving the public health, safety, or morals, or the abatement of public nuisances, and a large discretion 153 Digitized by Microsoft® SOME ETHICAL GAINS 'is necessarily vested in the legislature, to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.' " Finally, the court quotes with ap- proval the most advanced position taken by the Supreme Court of Utah, as follows : "Though reasonable doubts may exist as to the power of the legislature to pass a law, or as to whether the law is calculated or adapted to promote the health, safety, or comfort of the people, or to secure good order, or promote the general welfare, we must resolve them in favor of the right of that department of government." Having thus come to the rescue of the state legis- latures and their powers in general, the court deals with their duties in regard to the health of em- ployees.
What to read after Some Ethical Gains Through Legislation?
You can find similar books in the "Read Also" column, or choose other free books by Florence Kelley to read onlineMoreLess
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