Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
who had, by working at less than full pay, been kept out of the
poorhouse; and the selectmen of some towns, notably Plymouth, have
refused to obey such a vote. The California Code of 1906 provides a
minimum compensation of two dollars per day for public labor, except
as to persons regularly employed in public institutions. Delaware has
copied the New York statute as to the prevailing rate. Hawaii, in
public labor, provides a minimum wage of one dollar and twenty-five
cents per day. Nebraska goes further, and provides not only for two
dollars per day for public work, but that it must be done by union
labor in cities of the first class, while Nevada has a minimum wage
of three dollars and an eight-hour day for unskilled labor in public
work. On the other hand, the Constitution of Louisiana prescribes that
no law shall ever be passed fixing the price of manual labor.[1]
[Footnote 1: This matter will be found further discussed in chap. XI.]
Coming lastly to _tolls_, or rates of persons or corporations enjoying
a franchise, that is to say, a legalized monopoly, or exclusive
legislation, or special privilege, such as eminent domain, or the
right to occupy the streets; such are, in fact, identical with what we
term public-service corporations, the older, the most universal, and
certainly the most, if not the only, justifiable example of legal
regulation of the returns for the use of property or personal
services.
Whatever may be thought of the economic wisdom of attempting to
regulate any rate or prices by law (and for a discussion of this
subject as to railways, at least, the reader may well be referred
to the valuable treatise of Mr. Hugo R. Meyer, "State Regulation of
Railways"), such legislation was at least in England constitutional;
but in this country, owing to our specific adoption of the principle
of property rights and freedom of labor and hence of freedom of
contract in our Federal and State constitutions, and as it has been
repeatedly decided that to take away the income from property or a
reasonable return for labor by legislation is to infringe on the
property or liberty right itself, we have a universally recognized
constitutional objection which has, in fact, made impossible all
regulation of prices and wages, except as above mentioned, and as we
are now about to discuss. The first attempt to regulate rates (with
the possible exception of some early colonial laws) was the so-called
Granger legislation, as shown in the Illinois Constitution of 1870,
authorizing a warehouse commission to fix charges for elevating grain,
the Act of Iowa of 1874 establishing reasonable maximum rates for
railways, a similar act in Wisconsin of the same year relating to
railroad, express, and telegraph companies, and in Minnesota; which
legislation was all sustained by a divided opinion in the so-called
Granger cases headed by Munn _v._ Illinois, 94 U.S. 113.
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