Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The case in the New York courts which probably is being more criticized
and misrepresented than any other is known as the Tenement House
Tobacco case (Matter of Jacobs),[12] decided in January, 1885.
The courts then held unconstitutional an act which forbade the
manufacture of tobacco products in certain tenement houses in New
York and Brooklyn, because the statute unwarrantably and unreasonably
interfered with the liberty of the individual. The enactment was an
attempt on the part of the owners of large tobacco factories to destroy
the competition of cigar manufacturers who worked at home. It was
not an honest health measure at all; it was not in fact designed to
protect the health of tobacco workers, and it did not contain a single
provision tending in any degree to secure sanitary conditions of work
or living. Not one word in the opinions of the courts in the Jacobs
case prevented the legislature from adopting regulations to secure
wholesome conditions in the manufacture of any article. Since that
decision, the New York constitution has been carefully revised by a
constitutional convention in 1894, and in addition has been repeatedly
amended, no less than nineteen separate amendments having been adopted
by the people, whilst a large number of additional proposed amendments
have been rejected. But in neither the revision nor in any of the
amendments, whether adopted or rejected, was any change suggested in
the rule of constitutional law declared in the Tenement House case,
although the subject was directly called to the attention of the
convention. For more than a quarter of a century, the people of the
state of New York have acquiesced in the decision of the Court of
Appeals as fair, just and satisfactory.
Public-domain text, read in full here on John Shaqi.
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