Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Now let me call your attention to two examples of the manner in which
this decision is being criticized. In an address delivered at Yale
University last month, the mayor of the city of New York, who for many
years had been a justice of the state supreme court, criticized the
courts and derided the administration of justice in his own state.
He referred to the Jacobs case in the following language: "The first
case I shall call your attention to is known in my own state as the
Tenement House Tobacco case.... You know what a condensed population
we have in a part of the city of New York. Well, benevolent men and
women in going around there found in little rooms in these crowded
tenements certain things being manufactured that were not wholesome.
They found tobacco being manufactured into its various products in the
living-rooms of these poor tenements. Benevolent people who helped the
poor saw it and they saw the evils of it. They saw little children born
into this world and brought up in bedrooms and kitchens in the fumes
and odors of tobacco. They also saw longer hours of work than would be
the case if workers left their work at the shop and went home. So they
went to the legislature and got a law passed forbidding the manufacture
of tobacco in the living-rooms of these tenements." Mayor Gaynor
then proceeded to criticize and condemn the Court of Appeals for its
reasoning and decision.
The facts, however, were that the statute was not limited to "the
living-rooms of these tenements," but applied to every room, and that
the promoters of this legislation were not the benevolent men and
women who visit and help the poor, as Mayor Gaynor imagined, but the
owners of tobacco factories who desired to crush the competition of
independent workers. Nor was there anything in the case before the
courts to support the statement that any one had seen "little children
born into this world and brought up in bedrooms and kitchens in the
fumes and odors of tobacco." No such conditions were before the courts,
and the contrary was proved by unimpeached evidence in the Jacobs case,
as any one reading the record could see. But, even if the picture
had been true, the decision in this case did not in any way whatever
prevent proper legislation prohibiting the manufacture of tobacco
products in the bedrooms and kitchens of crowded tenement houses or
under unsanitary conditions.
Public-domain text, read in full here on John Shaqi.
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