Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
“This quoted summary of the report of the commission to the
legislature, which clearly and fairly epitomizes what is more fully set
forth in the body of the report, is based upon a most voluminous array
of statistical tables, extracts from the works of philosophical writers
and the industrial laws of many countries, all of which are designed
to show that our own system of dealing with industrial accidents
is economically, morally, and legally unsound. Under our form of
government, however, courts must regard all economical, philosophical
and moral theories, attractive and desirable though they may be, as
subordinate to the primary question whether they can be moulded into
statutes without infringing upon the letter or spirit of our written
constitutions.... With these considerations in mind we turn to the
purely legal phases of the controversy.” (Ives _v._ South Buffalo Ry.
Co., 201 N. Y. 271, 287, 1911.)
A different attitude was shown by the Supreme Court of the United
States in its reception of the brief filed by Mr. Louis D. Brandeis
on behalf of the constitutionality of an Oregon statute limiting
woman’s work to ten hours a day. Besides decisions, he included the
legislation of many States and of European countries. Then follow
extracts from over ninety reports of committees, bureaus of statistics,
commissioners of hygiene, inspectors of factories, both in this country
and in Europe, to the effect that long hours of labour are dangerous
for women, primarily because of their special physical organization.
Following them are extracts from similar reports discussing the general
benefits of shorter hours from the economic aspect of the question.
Justice Brewer said:
“The legislation and opinions referred to in the margin may not
be, technically speaking, authorities, and in them is little or
no discussion of the constitutional question presented to us for
determination, yet they are significant of a widespread belief
that woman’s physical structure, and the functions she performs in
consequence thereof, justify special legislation restricting or
qualifying the conditions under which she should be permitted to
toil. Constitutional questions, it is true, are not settled by even
a consensus of present public opinion, for it is a peculiar value of
a written constitution that it places in unchanging form limitations
upon legislative action, and thus gives a permanence and stability
to popular government which otherwise would be lacking. At the same
time, when a question of fact is debated and debatable, and the extent
to which a special constitutional limitation goes is affected by the
truth in respect to that fact, a widespread and long continued belief
concerning it is worthy of consideration. We take judicial cognizance
of all matters of general knowledge.” (Muller _v._ Oregon, 208 U. S.
412, 420, 1907.)
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